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Stranger in my stand on private land
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<blockquote data-quote="scn" data-source="post: 5778117" data-attributes="member: 1859"><p>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.</p><p></p><p>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.</p><p></p><p>It is pretty much a feel good law that isn't worth the paper it is printed on.</p></blockquote><p></p>
[QUOTE="scn, post: 5778117, member: 1859"] 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. [/QUOTE]
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Stranger in my stand on private land
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