Stranger in my stand on private land

[Dumbluck]

Signage means nothing especially in todays culture where land lines are easily obtained; the person in question would have to prove they have permission to be on said land, which is why if someone that doesn't own the land must have permission to be in writting. TWRA even has a template people can use for signed permission.

If they claim they crossed the line accidentally then that might be a case for their defense but they would have to provide written permission or ownership of the adjoining land at the time of the offense.

 

[DayDay]

From what I've read, signage means plenty. It allows TWRA officers or other law enforcement officers to take a hunter to court without any further involvement from the landowner. Written permission is required if the land is posted per TWRA guidelines; verbal permission to hunt suffices otherwise.

 

[WestTn Huntin man]

What do you do?
Do you shoot the straps holding the stand?
Shoot bark off the tree by him.
Tell him to enjoy the stand I so laboriously hung?

I'll tell you what My Uncle did. He owned quite a bit of Timber land. He would be checking his land and often hunted at odd times. Walked up and a man was sitting in his stand. He politely asked the man to leave. Let him know that he was trespassing and he needed to get out of his stand and leave.The man refused and said no one could make him.. Uncle M.V. didn't say a word just went back to his truck and got his weapon of choice and went back to the tree stand. That fellar came out of the tree real fast when he started the chainsaw and started cutting down the tree.

 

[lafn96]

Funny my wife sent this to me today

Instagram post

 

[Gravey]

We had a guy the other day on camera and he had orange vest and hat with a rifle over his shoulder. I was a couple hundred yards away at the time. The next day he was there again with orange but no gun. Neighbors cows have been out and visiting our plots so we're thinking it's the farmer but nobody has been there since to stop by and see if it was him.

 

[scn]

Thanks for posting that. It seems more likely than trespassing, but probably would require a TWRA Officer instead of local LE?? It also has some very specific signage requirements. I doubt most owners will post every 50 yards, but that would certainly be hard to deny being seen.

I would want to find their vehicle and get its information before approaching them.
.......................................................................................

70-4-106. Permission of owner of land to take wildlife or big game required — Penalty for violations.
(a)
(1) It is unlawful for any person to hunt, take, chase, trap or kill any wild animal, wild bird, wild fowl or fish, upon the land of another without having first obtained the permission or approval of the owners of the land, or of the person or persons in charge of the land and having authority from the owner to give such permission.
(2) A violation of this subsection (a) is a Class C misdemeanor. Upon conviction for any violation of this subsection (a), the court may revoke the license of the person so convicted. Any license so revoked shall be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record.
(b)
(1)
(A) Notwithstanding subsection (a), it is unlawful for any person to hunt, take, chase, trap or kill any game as defined in § 70-1-101 upon lands posted with signs approved by the wildlife resources agency bearing the language "Hunting By Written Permission Only" and bearing the name of the landowner or the person in possession or control of such lands, without having first obtained the written permission of or being accompanied by the landowner or the person in possession or control of such lands and having authority from the owner to give such permission. Every person who hunts, takes, chases, traps or kills any game on such lands shall have such written permission in immediate possession at all times and shall display the same upon demand of an officer of the wildlife resources agency, sheriff or other peace officer charged with the enforcement of the laws of this state. Written permission shall not be required of the landowner, the landowner's dependents, the person in possession or control of such lands, or the dependents of the person in possession or control of such lands.
(B) The signs posted pursuant to this subsection (b) must be posted by either of the following methods:
(i) The signs must be visible at all major points of ingress of the lands being posted, in such manner that the signs are reasonably likely to come to the attention of intruders; or
(ii) The signs must be visible at all major points of ingress and must be accompanied by fluorescent visual markings, which markings must also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1″) wide and four inches (4″) long. The division of forestry, in cooperation with the department of agriculture and the wildlife resources agency, shall determine a unique universal paint color or colors, including the color blue, to be used for these property boundary markings.
(C) Any person who posts signs pursuant to this subsection (b) without authorization from the landowner is subject to the penalties imposed by subdivision (b)(2).
(2)
(A) A violation of this subsection (b) is a Class C misdemeanor. Upon conviction for any violation of this subsection (b), the court may revoke the license of the person convicted. Any license so revoked shall be surrendered to the court.
(B) This subsection (b) is enforceable and may be prosecuted by all officers of the wildlife resources agency, sheriffs and other peace officers charged with the enforcement of the laws of this state.
(C) An affidavit from the landowner or the person in possession or control of such lands stating that the property on which the violation occurred was properly posted in accordance with this section shall create an inference that such lands were properly posted.
History
Acts 1951, ch. 115, § 51 (Williams, § 5178.80); T.C.A. (orig. ed.), § 51-407; Acts 1988, ch. 542, §§ 1, 2; 1989, ch. 569, §§ 1, 2; 1989, ch. 591, § 113; 1995, ch. 145, § 1; 2004, ch. 748, § 1; 2010, ch. 1143, § 1.

Having that signage is not required for a hunting without permission charge. It would be required it the landowner didn't want to come to court and prosecute. Someone can be charged with hunting without permission with zero signage, but, the landowner has to come to court to testify that they didn't have permission.
It was a law passed trying to give some help to landowners. But, there were too many loopholes to make it effective.

 

[scn]

Signage means nothing especially in todays culture where land lines are easily obtained; the person in question would have to prove they have permission to be on said land, which is why if someone that doesn't own the land must have permission to be in writting. TWRA even has a template people can use for signed permission.

If they claim they crossed the line accidentally then that might be a case for their defense but they would have to provide written permission or ownership of the adjoining land at the time of the offense.

Incorrect.

There is zero requirement to have permission in writing, and, it is up to the state to prove that they don't have permission. The defendant doesn't have to prove anything.

 

[kaizen leader]

Totally incorrect.

There is zero requirement to have permission in writing, and, it is up to the state to prove that they don't have permission. The defendant doesn't have to prove anything.

Really? I bet the corporate owners would take it too court.

 

[Dumbluck]

Totally incorrect.

There is zero requirement to have permission in writing, and, it is up to the state to prove that they don't have permission. The defendant doesn't have to prove anything.

State wildlife laws have always required hunters to get permission from the landowner before hunting. the "hunting by written permission" law (amendment to Tennessee Code Annotated 70-4-106) applies to all hunters. Under this law, if the land is properly posted, wildlife officers or any other law enforcement officer can take persons hunting any wildlife without the written permission of the landowner to court without further involvement by the landowner. The landowner must issue written, not verbal, permission slips to everyone given the right to hunt on his or her land.

Does the hunting by permission law apply to all land?

This law does not automatically apply to all lands. The law applies only if the landowner wants it to. By properly posting his or her land with the approved signs, the landowner has indicated that the law does apply.

It shall be unlawful for any person to hunt, take, chase, trap, or kill any game upon lands posted with signs approved by the Tennessee Wildlife Resources Agency bearing the language "Hunting by written permission only" and bearing the name of the landowner or the person in possession or control of such lands, without having first obtained the written permission of or be accompanied by the landowner or person in possession or control of such lands, and having authority from the owner to give such permission.

Every person who hunts, takes, chases, traps, or kills any game on such lands shall have his written permission in his immediate possession at all times and shall display the same upon demand of an officer of the Wildlife Resources Agency, a sheriff, or other peace officer charged with the enforcement of the laws of the state.

As far as I can tell it is required if it is posted, please correct me if I am wrong.

Yet posted signs are not required to prosecute hunting without permission charges nor tresspass charges, and landowners do not have to attend court if they have signed over those rights to other individuals.

We have prosecuted multiple people on these charges and have not been the landowner in any of these cases but have had the landowners sign over the right to pursue prosecution of trespassers as we see fit.

 

[scn]

Really? I bet the corporate owners would take it too court.

Bet whatever you want.

With the exception of the law that requires posting that TWRA does not enforce, there is zero requirement for anyone to have written permission in this state to hunt.

And, the burden of proof is on the state to prove the violation, not for the violator to prove their innocence.

 

[scn]

State wildlife laws have always required hunters to get permission from the landowner before hunting. the "hunting by written permission" law (amendment to Tennessee Code Annotated 70-4-106) applies to all hunters. Under this law, if the land is properly posted, wildlife officers or any other law enforcement officer can take persons hunting any wildlife without the written permission of the landowner to court without further involvement by the landowner. The landowner must issue written, not verbal, permission slips to everyone given the right to hunt on his or her land.

Does the hunting by permission law apply to all land?

This law does not automatically apply to all lands. The law applies only if the landowner wants it to. By properly posting his or her land with the approved signs, the landowner has indicated that the law does apply.

It shall be unlawful for any person to hunt, take, chase, trap, or kill any game upon lands posted with signs approved by the Tennessee Wildlife Resources Agency bearing the language "Hunting by written permission only" and bearing the name of the landowner or the person in possession or control of such lands, without having first obtained the written permission of or be accompanied by the landowner or person in possession or control of such lands, and having authority from the owner to give such permission.

Every person who hunts, takes, chases, traps, or kills any game on such lands shall have his written permission in his immediate possession at all times and shall display the same upon demand of an officer of the Wildlife Resources Agency, a sheriff, or other peace officer charged with the enforcement of the laws of the state.

As far as I can tell it is required if it is posted, please correct me if I am wrong.

Yet posted signs are not required to prosecute hunting without permission charges nor tresspass charges, and landowners do not have to attend court if they have signed over those rights to other individuals.

We have prosecuted multiple people on these charges and have not been the landowner in any of these cases but have had the landowners sign over the right to pursue prosecution of trespassers as we see fit.

The law you are discussing dealing with the signage was a joint venture between TWRA, TWF, and the TN Farm Bureau to create a law that wouldn't require the landowner to go to court for the prosecution of hunting without permission. I was a TWRA representative in those meetings. The law as first written worked well for 3-4 years. Then, defense lawyers hit on the loophole by asking the prosecuting officers if they had walked the entire boundary so they could legally testify that it was posted to those standards. And, of course, the officers did not have the time to walk miles of boundaries. So, cases were thrown out, and TWRA stopped using the law.

The affidavit part was created as a work around for that defense. Some courts continued to pitch the cases. When I retired in 2015, the word from our legal staff was to not prosecute a hunting without permission case unless the landowner (or someone with LEGAL power of attorney) was going to be there to testify in the prosecutions. I can't speak for what has been done after 2015.

It is pretty much a feel good law that isn't worth the paper it is printed on.

 

[Dumbluck]

The law you are discussing dealing with the signage was a joint venture between TWRA, TWF, and the TN Farm Bureau to create a law that wouldn't require the landowner to go to court for the prosecution of hunting without permission. I was a TWRA representative in those meetings. The law as first written worked well for 3-4 years. Then, defense lawyers hit on the loophole by asking the prosecuting officers if they had walked the entire boundary so they could legally testify that it was posted to those standards. And, of course, the officers did not have the time to walk miles of boundaries. So, cases were thrown out, and TWRA stopped using the law.

The affidavit part was created as a work around for that defense. Some courts continued to pitch the cases. When I retired in 2015, the word from our legal staff was to not prosecute a hunting without permission case unless the landowner (or someone with LEGAL power of attorney) was going to be there to testify in the prosecutions. I can't speak for what has been done after 2015.

It is pretty much a feel good law that isn't worth the paper it is printed on.

Thank you for the input and I see how it could be an unenforceable law in some cases.

 

[SSlater]

A BB under the air valve cap….. 4 flat tires and he knows you did it.

Good luck

Gee thanks a lot! Now I'm going to make sure I always carry BBs!

 

[FLTENNHUNTER1]

Be careful out there. I am glad it ended peacefully. They don't always end peacefully. Remember this guy in Wisconsin?

Deer Hunter Charged With Murder

Eight Counts Filed After Wisconsin Department Of Justice Investigation

www.cbsnews.com

 

[Henry]

And now for the third S.

View attachment 205124

Is that shovel for the trespasser to dig his own grave?

 

[Henry]

My great grandfather was shot and killed crossing a fence while trespassing....but there is a little more to the story...

Is that who my great grandmother was see'n on the side?

 

[Tenntrapper]

Could have been...

 

[timberjack86]

My great grandfather was shot and killed crossing a fence while trespassing....but there is a little more to the story...

His first name wasn't Jody was it? Only real reason I could see getting shot for jumping a fence. Especially back then.

 

[Tenntrapper]

His first name wasn't Jody was it? Only real reason I could see getting shot for jumping a fence. Especially back then.

Literally no, figuratively...maybe.

 

[Tenntrapper]

His first name wasn't Jody was it? Only real reason I could see getting shot for jumping a fence. Especially back then.

It's really kind of weird how I ever heard anything about it.
A stranger to me asked my last name...they were shipping something to me.
When I told them, they ask...do you know a "name"? It was such a a unique name... actually a nickname for my grandfather. I said yes. They proceeded to tell me that they had bought their farm from him. This, I had never heard of. To my knowledge he had never lived in that county. Said something about 3 kids owning it before he did...my grandfather was only 10...but he was the baby, so... He told me something about their father had been shot and killed... crossing a fence... trespassing.
With my grandfather then deceased, I called my grandmother and asked her about it. All I got was..."We don't talk about that stuff". I just let it go. Several years later, I was talking to my dad and something reminded me of it, so I asked. The story I originally got was something about that he had got caught trespassing before (same place) and that the man told him to never come back. Well...he did go back, and got caught again... trying to leave. The guy shot and killed him.
I said something to Dad about that being a pretty severe price for cutting across someone's land. Dad said....pfft, he was over there sticking it in the man's wife...
Must have been pretty good stuff to be worth dieing for...

Edit...but then again, the whole story could be BS. Something about the dates don't add up. I may never know the truth.