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CowboyUp
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Reged: 02/27/04
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Posts: 112
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Loc: North Texas
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Hunting Season
09/01/04 10:25 AM
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With deer season approaching, I'm in need of posting my 80 acres against poachers. Anyone have any suggestions on the best way to do this?
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Ranchman
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Silver Member
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Reged: 09/30/02
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Posts: 118
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Loc: Texas
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Re: Hunting Season
[re: CowboyUp]
09/01/04 12:13 PM
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Technically speaking, if you have a barbed wire fence, according to the law, you have already "posted." ( Texas Penal Code, Sec. 30.05, b(2), b )
Poachers run the risk of a State Jail Felony since 1999 if they are caught shooting a deer (or other types of game) on your place. (TPWD code, section 61.022c )
From a "practical" standpoint, I put up signs on my place along with the purple paint as mentioned in 30.05. Can't remember where I got the signs from, but after a bad experience with plastic ones (i.e. deterioration/breakage from hail) I went with aluminum ones and have yet to replace any. I found this place sells the same type signs I have on my place (# 108VP) but again, I purchased mine elsewhere on the Net.
Again, although my place is fenced and technically signage is not necessary, signs and the purple paint remove any possible "confusion" and would make a court case that much stronger against a perp.
Good luck keeping the criminals off your place.
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egon
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Reged: 09/12/02
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Loc: Nova Scotia,Canada
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Re: Hunting Season
[re: CowboyUp]
09/01/04 06:46 PM
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Poachers may not react to signs as normal hunters do.
Egon
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Ranchman
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Loc: Texas
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Re: Hunting Season
[re: egon]
09/02/04 12:21 AM
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Poachers may not react to signs as normal hunters do.
I hope you have a more constructive comment than that.
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egon
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Re: Hunting Season
[re: Ranchman]
09/02/04 05:10 AM
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Just telling it like it is.
Egon
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CowboyUp
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Loc: North Texas
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Re: Hunting Season
[re: egon]
09/02/04 08:37 AM
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Thanks Ranchman. I had no idea that it was illegal to hunt land without permission. I'm sure I'll get support from the game wardens in my area. The problem I have is that someone has placed a deer blind and a feeder on one side of my property and a feeder on another side. The feeder-blind is highly visible from the road, so I don't think whoever put them there was acting covertly. Maybe they have some misinformation as to whose property they're attempting to hunt on. The other feeder concerns me more. It's hidden in the trees and was placed in an area that suggests the hunter didn't want anyone to know it was there. I'm considering leaving a sign on the structures requesting the hunters remove their property. If they don't move them, I will. I have to agree with Egon about these kinds of hunters. Signs don't mean much and I don't want to start a war with anyone. There's too much on the property that someone with a notion to could damage or destroy. Thanks for your information. Knowing that the law protects me even if I don't post is helpful. I'll try the diplomatic approach with these guys first even though I may be wasting time and effort. Thanks again.
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Ranchman
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Reged: 09/30/02
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Loc: Texas
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Re: Hunting Season
[re: CowboyUp]
09/02/04 10:09 AM
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No problem. Glad you found the info helpful.
Yea, poaching has always been illegal in Texas, but until '99 it didn't carry a felony charge. Now a first time conviction carries 2 years/$10,000 while a second conviction carries heavier penalties. Not stuff people should mess with for sure. If you do a little searching on the Texas Parks & Wildlife Department’s web site you can find some examples of convictions.
Anyway, back to your problem... Did you recently purchase the property? Did you change the locks when you purchased it? The reason I ask is it is possible that the previous landowner had given permission for someone to hunt it and they may be unaware of the change in ownership. If so, I'd call up the previous owner and inquire about it.
I'd also call up the other landowners that are adjacent to your property and ask if they have anyone that has been putting up blinds/feeders as you have found some recently placed on your property. Your neighbors should have a good idea what property is yours and what is theirs, but if they lease property out, the lessee may not. People unfamiliar with the area can become confused pretty easily - especially if larger places with multiple fenced off sections are around your place. Are there any unlocked gates between you and your neighbors?
As for the feeder in the trees, without really knowing the area, I'm not sure if I'd come to the same conclusion you did. I know I have one of my feeders placed in a pretty heavily wooded area that isn't easily accessed - but the reason is not to be covert from people but because that's where the deer are. Again, not saying that is the case with that particular feeder on your place, just that it may be the case.
I guess the "good" side of it is that from the setup you describe, my knee-jerk reaction is that this is most likely a mistake instead of an overt poacher in action. Around here poachers rarely set up equipment like you describe as it is (1) expensive, and (2) easily found making their presence known - which is the last thing they want. However the bad side of it is that if these are indeed true poachers and not just confused hunters, you unfortunately have already had "war" declared upon you. Not only will they be willfully be committing a felony if they take a deer this season, they will make it dangerous for you to be on YOUR own property during the season. Being mistaken for being "bucky" this fall could really ruin your day.
Any way you look at it - having "uninvited guests" hunting your property is a very bad situation. Talking to the previous owner and surrounding landowners is the first place to start. From there, I’d call up your local game warden and get his advise as to "next steps" as he will have dealt with this type of situation in the past and may have some good advise as to what you should or should not do. Hopefully, it will be easily resolved with a simple phone call. If not, unfortunately it looks like you will be in for a long and difficult season.
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Rebailey
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New Member
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Reged: 09/09/04
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Re: Hunting Season
[re: CowboyUp]
10/24/04 08:00 PM
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Cowboy, here in Mississippi we do not have to post our land. Our law reads that anyone on your property has to have written permission from the landowner to be there. It's as simple as that. Talk to your elected legislators and have them pass that law in Texas.
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EddieWalker
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Reged: 10/05/04
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Posts: 20
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Loc: Just North of Tyler Texas
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Re: Hunting Season
[re: Rebailey]
10/26/04 10:32 AM
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I had a similar problem last year right after I bought my land. I put up a gate and posted the fence line with signs. They just rode their four wheelers around the gate. Then they cut the wire I put up. Then the last time they came in, they took my gate apart and drove a truck into my place.
I filled out a complaint with the Sherif and they increased their patrols. I also have a neighbor who is a retired DEA agent who said he'd keep his eyes open.
The gate incedent was just before hunting season about this time last year. I followed the tracks across my property to a creek. Two sets of boots walked across the creek, which is my boundry and into another large piece of land thats mostly jungle.
The DEA neighbor is convinced they were growing weed and took apart my gate for harvest time before deer season started. My land wasn't used for anything before I bought it and wide open for years. He figured they got the hint and just wanted their plants.
Since then, I havn't had a single tresspasser.
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CowboyUp
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Posts: 112
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Loc: North Texas
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Well, I've been very lucky. I have excellent neighbors. I allow the man who leased this property for the last 46 years to continue to run his cows on it with no charge. I'm saving on taxes and I think he's invested enough over the last 46 years for this land use. He's a good person and looks after things and his cows sure as shootin' ain't bothering anything. The deer blind has been removed and the gate is now locked, and I've had no problems whatsoever up to this point. Of course, the deer hunters aren't out in full strength yet. And there are certainly deer on the property. I'm optimistic though. I think with my neighbors riding shotgun, strangers are going to stay out.
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Pat
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Re: Hunting Season
[re: CowboyUp]
10/29/04 10:52 PM
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Around here there are significant areas that are leased out for hunting and posted that way. I'm not sure why but the reports I get is that folks seem less likely to poach on a marked paid hunting lease than a piece of land just marked as posted. It might be worthwhile trying signs proclaiming "No tresspassing, paid hunting lease."
My favorite sign was nixed by she who cares about friendly relations: "Caution extreme tire damage possible, your tires, my rifle."
Pat
"I'm not from your planet, monkey boy!"
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