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Whats the law for recovering a deer if it strays onto a neighboring property?

137527 Views 182 Replies 88 Participants Last post by  Dafis
If I arrow a deer and it goes onto a neighbors property. Say this guy says "no" is there any options? I hunt a property that is surrounded by woods that are owned by anti hunters. Well shouldn't call them that, they just do not like people hunting their beloved pet deer/children. I was told when I was a kid that if they said "no" to call the DNR and they would assist in the recovery regardless of the land owners consent. N.E Indiana.
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No you cannot recover game from property you do not have permission to be on.
At a minimum its tresspassing, and you can also be tagged with poaching depending on local laws.

I have never heard of DNR getting involved with recovery of dear, where the land owner does not grant consent.

In the end that land owner has property rights.
 

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Discussion Starter · #4 ·
No you cannot recover game from property you do not have permission to be on.
At a minimum its tresspassing, and you can also be tagged with poaching depending on local laws.

I have never heard of DNR getting involved with recovery of dear, where the land owner does not grant consent.

In the end that land owner has property rights.
This is also what i thought. Hard for the hunter, but id have to side with the property owners rights.
 

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Discussion Starter · #5 ·
No you cannot recover game from property you do not have permission to be on.
At a minimum its tresspassing, and you can also be tagged with poaching depending on local laws.

I have never heard of DNR getting involved with recovery of dear, where the land owner does not grant consent.

In the end that land owner has property rights.
About your bow note. My wife loves my boys Bear apprentice more than she liked the feel of the II. Shes a strong woman but really like the feel of my sons better. good luck.
 

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I believe in MN that the DNR officer will come out and talk to the land owner to tell them he is entering to retrieve game. They can not refuse his entering the property, but you the hunter can not.
 

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If i arrow a deer and it goes onto a neighbors property. Say this guy says "no" is there any options? I hunt a property that is surrounded by woods that are owned by anti hunters. Well shouldn't call them that, they just do not like people hunting their beloved pet deer/children. I was told when i was a kid that if they said "no" to call the DNR and they would assist in the recovery regardless of the land owners consent. N.E Indiana.
In Maine, you cannot trespass under any circumstances. This just recently happened to someone I know... except that he owns the land. He owns a GREAT hunting property in the expanded archery zone here in Maine. Guys will literally hand stands 10 feet off of his property line (which is wrong, i'm sorry.) A guy ended up getting a deer and it ran back onto his property and he would not allow the hunter to come unto his land to retrieve the deer. The hunter had to call a Warden who went and got the deer for him. I think the Warden had to ask for permission to do so, but i'm not positive of that. Warden's can pretty much do what they want in the name of "investigating" so I doubt it matters... but anyways, The hunter ended up getting his deer after 1/2 of a day of waiting.
 

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- I'd try real hard to avoid a situation that would put a dead deer on someone's property that I knew wouldn't let me retrieve the deer.
- There are places where it's legit to hunt but it's not a good idea to do so.
- We (hunters) need to do our very best to avoid turning non-hunters into anti-hunters!!!!!!!!!!

Some folks believe there are times when it's better to beg for forgiveness than to ask for permission. I'd feel an obligation to retrieve the deer but I'd have to weigh that against the probability of getting caught and the problems caused by doing so. Maybe beg the landowner to let you retrieve this deer and promise to never ask again which may lead to you not being able to hunt a certain spot. I could hunt the land beside my house and I've looked it over many times. But I keep coming to the conclusion that the slight chance of a deer making a death run into someone's front yard is too great. A few years ago a really nice buck would have been a gimme' but it still wasn't worth the possibility of a negative reaction from non-hunters.
 

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No you cannot recover game from property you do not have permission to be on.
At a minimum its tresspassing, and you can also be tagged with poaching depending on local laws.

I have never heard of DNR getting involved with recovery of dear, where the land owner does not grant consent.

In the end that land owner has property rights.
This is not true in Iowa. If you have wounded a deer and it goes onto someone else's property, you are legally binded to try and recover that deer. You do not have to gain permission from the landowner in order to do this. However, you cannot take any weapon on the property with you while you're trying to recover the deer. You have to leave your bow or gun in the truck and head out on foot. It's highly encouraged to notify the landowner, if possible, to let them know that you're going on their property, but not necessary. I would just call the DNR and let them handle the notification. That way nothing funny happens and no feelings are hurt.

I don't know what your laws are where you live, but that's the way it is in Iowa. And, I know from personaly experience as I had this happen two seasons ago. The landowner was a real jerk about everything and tried bullying me until we called the DNR and they put him in his place.
 

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I'm going to check the laws in Iowa, it does not make sense to me they would violate the land owners rights, under the obligation to retrive game. You're crossing property lines, armed or otherwise, without permission of the land owner.

As to Wardens entering someones property to retrive game, I figure that would fall under the search and seizure laws in this country. No LEO can search, without consent or a warrent.

As hunters, we all need to be responcible in the taking of game. And do what we can to recover it, however that retrival cannot interfere with someone else's (in this case the landowners) rights and freedoms.

From the Iwoa DNR: “Trespass” means entering property without the express permission of the owner, lessee or person in lawful possession, with the intent to commit a public offense; to use, remove therefrom, alter, damage, harass, or place anything animate or inanimate, or to hunt, fish or trap on the property. The term trespass does not mean entering the right-ofway of a public road or highway. Railroad right-ofways are considered private property. This paragraph does not prohibit the unarmed pursuit of game or furbearing animals lawfully injured or killed which come to rest on or escape to the property of another.

http://www.iowadnr.gov/Portals/idnr/uploads/Hunting/huntingregs.pdf


This tells me that in Iwoa, it wouldn't be trespassing as far as the DNR is concerned, however, that may not grant authority to the hunter to enter that property. Trespassing laws in the local area may govern that. It still upsets me that Iowa would overrule the landowner on this, but that may be how the laws are held up in court.
 

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You can go to the Iowa DNR website and pull up the hunting regs to see it in writing. I'm not going to argue the case over what makes sense to you. I see both sides. I will tell you that if you're on someone else's property, I would make sure you've got a solid blood trail going from where you shot and it's clear that the deer went onto that property. I come from a farm community with lots of relatives that own lots of ground. And, while our familiy wouldn't want people hunting without permission, even if the law didn't allow the pursuit of game across lines, my family would allow this kind of thing anyway. We would never not allow someone to has legally shot an animal to try and recover their kill.

I know, that after my experience, if it ever happens again, I'm going to just call the DNR and let them handle the land owner. Not everyone is aware of the laws, which is silly if you're hunter and more excuseable if you're not, but it's best to let the experts handle it. Some people think that you can't sit in a ditch along a road with a bow without permission from the landowner, and that's not true either in Iowa. The ditches are considered public property, and with a bow, you can hunt any ditch you want. That's not true with a firearm shooting a single projectile though. You can't fire a firearm, that shoots a single projectile from a ditch in Iowa, so you would have to actually set foot on the landowner's property to fire the weapon. That, you can't do.
 

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In Illinois give DNR a call and the CPO will talk to the land owner and try to get permision. The CPO's i know tell me they have never had a refusal, they had to talk to a few for a while but the hunter was allowed to go in after the animal. Usually unarmed.

sent from my Droid X cause my pc won't fit in the tree.
 

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IOWA 716.7 TRESPASS DEFINED.
1. The term "property" shall include any land, dwelling,
building, conveyance, vehicle, or other temporary or permanent
structure whether publicly or privately owned.
2. The term "trespass" shall mean one or more of the
following acts:
a. Entering upon or in property without the express
permission of the owner, lessee, or person in lawful possession with
the intent to commit a public offense, to use, remove therefrom,
alter, damage, harass, or place thereon or therein anything animate
or inanimate, or to hunt, fish or trap on or in the property,
including the act of taking or attempting to take a deer, other than
a farm deer as defined in section 170.1 or preserve whitetail as
defined in section 484C.1, which is on or in the property by a person
who is outside the property. This paragraph does not prohibit the
unarmed pursuit of game or fur-bearing animals by a person who
lawfully injured or killed the game or fur-bearing animal which comes
to rest on or escapes to the property of another.


b. Entering or remaining upon or in property without
justification after being notified or requested to abstain from
entering or to remove or vacate therefrom by the owner, lessee, or
person in lawful possession
, or the agent or employee of the owner,
lessee, or person in lawful possession, or by any peace officer,
magistrate, or public employee whose duty it is to supervise the use
or maintenance of the property.
Looks like the Iowa Statue creates an exception to retrieve game under Paragraph 2(a), but this exception does not apply if the hunter is asked to leave the property (See Paragraph 2b). And it goes without saying, just because something is "legal" in some cases, that doesn't make it "right". I did not research the Iowa case law on this, but my best guess is that "justification" under paragraph 2(b) would be limited to life threatening circumstances, and not retrieving game.
 

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I believe in MN that the DNR officer will come out and talk to the land owner to tell them he is entering to retrieve game. They can not refuse his entering the property, but you the hunter can not.
actually in minnesota, if the land is posted you may not enter. if its NOT posted, you may enter to recover your game BUT you cannot take your bow/gun. if the land owner asks you to leave in the process you must leave no questions asked.
 

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Looks like the Iowa Statue creates an exception to retrieve game under Paragraph 2(a), but this exception does not apply if the hunter is asked to leave the property (See Paragraph 2b). And it goes without saying, just because something is "legal" in some cases, that doesn't make it "right". I did not research the Iowa case law on this, but my best guess is that "justification" under paragraph 2(b) would be limited to life threatening circumstances, and not retrieving game.
Well, you can argue if you want, I'm not the DNR. But, justification is defined directly above that paragraph. You're "guess" is not going to hold up in a court as much as the written word that's already in the code. I personally don't care what anyone else in the country thinks about how to read the law. I read the rule book from front to cover each year. And, I have two DNR officers' cell numbers in my phone. I went thru a bad experience recovering a downed deer and knew what I was talking about before I stepped foot on the other person's property, so I didn't have my weapon with me. The landowner was upset, not because I was really on his property, but because he views the deer as "his" deer, even though they travel through and bed and public hunting and other people properties. If he sees people hunting on neighboring properties or in the public hunting area near his ground, he drives around purposely tries to drive deer away from other hunters. That's illegal in Iowa also. I just know that I do my part and know the law, I don't "guess" at it and hope for the best.
 
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