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Thread: Trespassing ?

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    Member jnalaska's Avatar
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    Default Trespassing ?

    I am sure this has been discussed before but when I search this site I can rarley find what I want, as was the case on this topic. If someone finds a thread with this info in it please link to it.
    What is the law regarding hunting on private property that is vacant and unposted? My property backs up to large parcels of such land all around me, we are talking 100s and 1000s of acres in the area. I am assuming it is illegal but thought it was worth inquiring about. It would just hurt my brain if I see a legal moose this weekend 100 yards off my property and yes I would let it walk even 100 yards off my property if it is illegal. If you know the facts I would like to hear them
    Cheers
    Jason

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    Moderator LuJon's Avatar
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    The state requires property to be posted, if it is not then you are good to go. One important thing is that the property only has to be posted at reasonable entry points, so just because there isn't a "No Trespassing" sign at your back property line does not make the property unmarked. It would be well worth your time to check into who owns the land though. I hunt several privately held parcels or at least cross them. Non of them are marked and all are uninhabited, they are owned by a large organization that has nothing to do with hunting and is just keeping it as a long term investment so I don't think twice about it.

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    Member AKHunterNP's Avatar
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    are you 100% sure it is private property? If unsure you can use this link to find out. http://www.asgdc.state.ak.us/
    This is all I could come up with for you. I would contact the Troopers to find out for sure.

    Hunting

    A hunting license is not a license to trespass, but state laws treat hunters differently when it comes to trespassing. Some states have laws that specifically address trespassing while hunting, and others rely simply on the general trespassing statutes of the state. In about half of the states posting is not required to prevent trespassing; that is, it is against the law for hunters to trespass on private property without the landowner's permission even if the land is not posted. Where posting is required, some states have laws specifying how to post land. In some states, trespass while in possession of a firearm is a FELONY punishable by IMPRISONMENT for up to five years and/or a fine up to $5,000. A few states have laws that address hunters trespassing to retrieve dogs or wounded animals. In most states, however, hunters may not retrieve dogs or wounded animals if they cannot legally hunt on that land.

    ALASKA: Trespassing notices must be printed legibly in English, be at least 144 square inches in size, give the name and address of the person under whose authority the property is posted and the name and address of the person who is authorized to grant permission to enter the property, be placed at each roadway and at each way of access onto the property that is known to the land owner. In the case of an island, signage must be placed along the perimeter at each cardinal point of the island. The sign must explicitly state any specific prohibition that the posting is directed against.

    http://www.enotes.com/everyday-law-e...ia/trespassing
    "...arms like laws discourage and keep the invader and plunderer in awe...Horrid mischief would ensue were the good deprived of the use of them." -Thomas Paine

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    Member dkwarthog's Avatar
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    If i remember right, youre in the Mat Su. You can easily check land ownership using the boroughs website..go to "find my property" and search by address, name, subdivision, property Id, etc...almost scary how much information is public these days!!

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    Member jnalaska's Avatar
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    I am SHOCKED! I just assumed that would be considered trespassing. When I saw your guys replies I figured I better call the troopers and ask whats up. Well as you have stated it is not trespassing unless there is posted signs OR they have contacted you some other way personally and have told you keep off (example he gave me was a certified letter or similar) I don't know why but I just thought for sure you can't hunt on someone elses land period without permission. Law might be one thing but I guess I am going to have to think long and hard about the hunting ethics of what this means. If bullwinkle shows his face around my campfire this weekend I guess its steaks for dinner! Cheers
    Jason

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    Member jnalaska's Avatar
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    Quote Originally Posted by dkwarthog View Post
    If i remember right, youre in the Mat Su. You can easily check land ownership using the boroughs website..go to "find my property" and search by address, name, subdivision, property Id, etc...almost scary how much information is public these days!!
    Yep matsu just bought it off the Kashwitna. I will definatley check out the site

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    Member cjustinm's Avatar
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    this is an interesting topic in MT where i moved here from even though land wasn't posted it was the hunters responsibility to know whose property he/she was on at all times. If you didn't have landowner permission you simply could not hunt there posted or not. I know there is quite a bit of private land in the region held by native corporation but i have yet to see any posted signs on any of it. So can i knowingly hunt there even though i know its private since they aren't posting it ? There are no roads so how woulld entry points be determined? there are islands everywhere but no signs. I guess in the long run id rather not hunt it than see posted signs every 100ft through the nice arctic landscape.

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    Do the right thing and find out who the property owner is, contact them and get their permission. Your hunting conscious already started you down this path by internally asking yourself the questions to begin with. Besides, yourself being a private property owner, how would you want to be treated?

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    as a land surveyor i can say for sure that people will always think they own more than they really do. in some areas, "paper plats" are done without the benefit of corners being set, so it's really confusing on the ground at times. the dnr status plats are a good place to start along with topo quads. if you are good using a gps handheld, you can readily figure out in the field where you are on a quad map and identify parcels you might have previously marked on them.

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    Member jnalaska's Avatar
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    Quote Originally Posted by 1S1K View Post
    Do the right thing and find out who the property owner is, contact them and get their permission. Your hunting conscious already started you down this path by internally asking yourself the questions to begin with. Besides, yourself being a private property owner, how would you want to be treated?
    Agree completely. Glad to know the law though if I do find myself looking at a moose this weekend off my property. Treat others the way you want to be treated it's the only way to live. I would not have problems with a neighbor taking a moose on my property by just seeing one and I am not around. I would not appreciate someone actively hunting my property though.

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    " I guess in the long run id rather not hunt it than see posted signs every 100ft through the nice arctic landscape"

    Noble, but not nessessarry., at least in Unit 23.

    Go to NANA and get a land use permit. They give 'em to nonshareholding Locals so you dont have to worry. Out of region folks pay a small fee.
    They have a website with maps.
    Most Islands and sandbars are below the high water mark, and any waterway is public, up to the highwater.
    Lotsa privatly owned lands along the major rivers, most have a cabin to show nowdays.

    Besides, only 6% is in private holdings, we have more Parks, Monuments and Refuge sq miles than most.....lotsa room.
    If you can't Kill it with a 30-06, you should Hide.

    "Dam it all", The Beaver told me.....

  12. #12

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    I just ran into a sheep hunting guide that openly admitted to tresspassing every time they access the area. Gotta love the ethics of some of our finer Alaskan hunting guides....excuse me while I regurgitate now.

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    Member AKDoug's Avatar
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    Why barf? I trespass every time I access one of my favorite spots. I have spent 35 years up here and the land has never been used or occupied. State law says what I am doing is perfectly legal. I bet that a whole bunch of us unintentionally trespass when they are out hunting. My ethics have no issues with trespassing on private property as long as you don't violate the Alaska statutes in regards to trespassing. To go with our "liberal" trespass laws is one of the best laws in the country protecting land owners from injury lawsuits.

    Before everyone jumps on my ass, I am also the guy that gladly pays access fees to people who publish that their lands are not to be tresspassed upon without a permit.
    Bunny Boots and Bearcats: Utility Sled Mayhem

  14. #14

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    Doug, you make an excellent point, it just stings when I chose to access the area legally, by hiking 20 miles into the area. Part of my continued vomiting from this experience started the moment I saw said guide attempt to kill a ram out from under me, and myself witnessing what 14C looks like after its been raped and pillaged the past five years....this is what induces my vomit.

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    You are trespassing if you dont have permission to cross any private land whether it is posted or not. Its just common sense. if someone is hunting on my land without my permision they better not be caught by me. Its up to the hunter to know whos land he is on. I dont care what the law says. Would you shoot a moose in your neighbors yard? I wouldnt without his approval. Private property means just that. Its not for the public to hunt on or trap on or fish on without permission.

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    Member jnalaska's Avatar
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    Quote Originally Posted by chinookee2004 View Post
    You are trespassing if you dont have permission to cross any private land whether it is posted or not. Its just common sense. if someone is hunting on my land without my permision they better not be caught by me. Its up to the hunter to know whos land he is on. I dont care what the law says. Would you shoot a moose in your neighbors yard? I wouldnt without his approval. Private property means just that. Its not for the public to hunt on or trap on or fish on without permission.
    Well like I said I was shocked to here the law as ethics in my mind say you don't hunt private land without permission. For me there is gray area that I would take as a case by case. As is stated above and been confirmed by Johnny law to me personally unless the land is posted it is not trespassing and it matters very much what the law says. As strongly as it sounds you feel about it probably a good idea to post it might save a **** storm for you.

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    Member jnalaska's Avatar
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    I am curious now about Corp lands that require permits. How does our liberal law regarding trespassing effect this? For example if I go to afognak and hunt the native land without permit I assume I could get in trouble?? Is native land that requires permits all posted or are there special rules? How about nana land like smith lake(or is it CIRI can't remember) they no longer give out permits for this area but if it is not posted does the law not say I can hunt it?? Just seems like I am missing something.

    I really don't want to open this thread as a vent towards native lands please
    Keep this discussion about trespassing laws. And no I am not looking to go hunt someone elses land so don't get all high and mighty please. I just want to understand the laws.

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    Supporting Member Amigo Will's Avatar
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    Remember that in Alaska there is private land,state land,federal land and native land. Trespass for hunting on private land under control of state laws is not the same in all cases for federal or native land which are a different government.
    Now left only to be a turd in the forrest and the circle will be complete.Use me as I have used you

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    Member rimfirematt's Avatar
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    Quote Originally Posted by chinookee2004 View Post
    You are trespassing if you dont have permission to cross any private land whether it is posted or not. Its just common sense. if someone is hunting on my land without my permision they better not be caught by me. Its up to the hunter to know whos land he is on. I dont care what the law says. Would you shoot a moose in your neighbors yard? I wouldnt without his approval. Private property means just that. Its not for the public to hunt on or trap on or fish on without permission.
    Ive ran into this quote quite a bit around on this forum, maybe not specifically about hunting, but concerning trespass. Im just curious Landowners, what would you do?

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    Member AK Ray's Avatar
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    Quote Originally Posted by jnalaska View Post
    I am curious now about Corp lands that require permits.
    That has been covered in a few very good threads on here over the years. Try searching with the word "access" and "native" to see what comes up. The last thread has some really good on-line mapping links as well for the various Corporations as well as state mapper sites.

    The Native Corporations follow the rules and either post their lands or publish in newspapers a notice to hunters. Of course if you don't read the fish wrapper every day you will never see the notice, but the laws are not concerned with your daily reading habits, only with the publication of the notice in a widely distributed news source. It is up to the tresspasser to gain knowledge and no law mandates they be spoon fed the information.

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