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Trespassing or not trespassing

Posted on 12/8/14 at 1:33 pm
Posted by RockinRonnie100
Member since Dec 2014
5 posts
Posted on 12/8/14 at 1:33 pm
We've got some family land in N. LA that backs up to the Red River. The duck hunting is good and there are several people that hunt out of boats all up and doe the river. We have spent time and money to have the kind of duck habitat necessary to make our place great, but one huge problem: the public land hunters.

Our biggest issue is a blind built on a small pond "oxbow" technically
Connecting to anther and another then to the river about 60 yards from a field in which we hunt. These guys have been asked to leave and won't. We had the sheriffs dept come out and talk to them. The sheriffs dept and game wardens admittedly do not know if this falls under the "navigable waterway" stuff, which would clear these fools, OR if it counts as illegal due to the stationary blind, them wading all over, and them parking their boat and walking across my woods to get to the blind.
The sheriffs dept said they obviously can't walk across my
LAnd and to call them when I see it happen. This happens all the time, they DnT care, and it is nearly impossible to prove it.

These yahoos skyblast at everything, hunt all day, and it messes up our blinds them being that close. The sheriffs dept doesn't know what to do and neither does the game warden.
PS the guys who "own" the blind work for said sheriffs dept.

What in the hell is wrong with people that they do this even after being approached calmly and respectfully? Sheriffs dept employees no less.

Anyone have this problem? What can I do????

Posted by 34venture
Buffer Zone
Member since Mar 2010
11369 posts
Posted on 12/8/14 at 1:35 pm to
quote:

"navigable waterway"


Here we go.
Posted by KingRanch
The Ranch
Member since Mar 2012
61741 posts
Posted on 12/8/14 at 1:36 pm to
Burn down their blind
Posted by eyepooted
Member since Jul 2010
5717 posts
Posted on 12/8/14 at 1:37 pm to
Do your research or get an attorney to do your research for you and determine if they are actually in the wrong. If they are in the wrong, then proceed accordingly(which would be to call the wardens).

Posted by jorconalx
alexandria
Member since Aug 2011
10748 posts
Posted on 12/8/14 at 1:39 pm to
look up the law of avulsion and see if it applies here. does the army corp of engineers own any of the adjacent land? Is your land posted where they are walking?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86637 posts
Posted on 12/8/14 at 1:39 pm to
quote:

The sheriffs dept and game wardens admittedly do not know if this falls under the "navigable waterway" stuff, which would clear these fools
It probably does not. This was most likely a result of the lock and dam project. I say, trespassing.
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
40644 posts
Posted on 12/8/14 at 1:39 pm to
You better grow some balls and burn that son of a bitch down because...

quote:

Our biggest issue is a blind built on a small pond "oxbow" technically
Connecting to anther and another then to the river


Sounds legit to me.

quote:

them parking their boat and walking across my woods to get to the blind.


Is the only problem I see, so if you have to be down there a few morning to police it a few times then so be it. Make it a problem for them...
Posted by beHop
Landmass
Member since Jan 2012
14606 posts
Posted on 12/8/14 at 1:39 pm to
quote:

Sheriffs dept employees no less.


Yeah, well you're pretty much screwed. I caught the dispatch officer spotlighting my place several years ago. They didn't so much as move a pinky over it.
Posted by eyepooted
Member since Jul 2010
5717 posts
Posted on 12/8/14 at 1:41 pm to
quote:

I caught the dispatch officer spotlighting my place several years ago. They didn't so much as move a pinky over it.


did you notify the game wardens?
Posted by BayouBandit24
Member since Aug 2010
17100 posts
Posted on 12/8/14 at 1:42 pm to
Over simplified answer:
If it is a true ox bow then it was likely part of a navigable waterway, thus most likely the state would still own even if no longer navigable now. Which means it may be subject to public use, but I don't believe hunting is usually counted as a permitted use.

With that said you are also correct, even if they can use the water they have no right to trespass in order to make use of it. And even if they did setting up the stationary blind that restricts others use isn't allowed either.

So yes most likely trespassing. But I don't know what your possible recourse is outside of having them arrested.

* Not legal advice in anyway.
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
40644 posts
Posted on 12/8/14 at 1:45 pm to
quote:

setting up the stationary blind that restricts others use isn't allowed either.


Incorrect. Technically it's first come first serve.

Whether you build a small unadvisable fire in it to stay warm is up to you.
Posted by Chad504boy
4 posts
Member since Feb 2005
176579 posts
Posted on 12/8/14 at 1:46 pm to
Posted by DownSouthDave
Member since Jan 2013
7502 posts
Posted on 12/8/14 at 1:47 pm to
I'd just start hunting their blind. Since its public and all.
Posted by CoachChappy
Member since May 2013
34115 posts
Posted on 12/8/14 at 1:47 pm to
quote:

Burn down their blind

THIS

We had this issue a few years back. They got out of the woods and their 4 wheelers went missing. They had to call the cops and game wardens on themselves.
This post was edited on 12/8/14 at 1:49 pm
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86637 posts
Posted on 12/8/14 at 1:49 pm to
Oh, and if they are trying to catch reds or specs, then it's not trespassing.
Posted by beHop
Landmass
Member since Jan 2012
14606 posts
Posted on 12/8/14 at 1:49 pm to
quote:

did you notify the game wardens?


Of course.
Posted by beHop
Landmass
Member since Jan 2012
14606 posts
Posted on 12/8/14 at 1:50 pm to
quote:

RockinRonnie100


quote:

1 post


Most effective 1st post troll ever? Or just that rustled?
Posted by 34venture
Buffer Zone
Member since Mar 2010
11369 posts
Posted on 12/8/14 at 1:50 pm to
quote:

Burn down their blind


Something about the smoke from dried willow that really puts a s'more over the top.
Posted by DirtyMikeandtheBoys
Member since May 2011
19467 posts
Posted on 12/8/14 at 1:51 pm to
Dude we already told you, if you want to hunt it when we are n't there that's fine.

Don't get all pissey cause you and your sugarass buddies have to watch us slaughter ducks every morning.
Posted by Chad504boy
4 posts
Member since Feb 2005
176579 posts
Posted on 12/8/14 at 1:52 pm to
catch and release program in their blind

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