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  #1  
Old 04-11-2008, 10:23 PM
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Default Trespass while hunting

I was just thinking about something. If you are unknowingly tresspassing while hunting, shoot a game animal, did you take that animal illegally? I dont think so because the regs dont address it as "unlawful".
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Old 04-12-2008, 12:12 AM
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From my understanding, for you to be trespassing, one of the following has to be met: the property has to be properly posted, see the regs,
OR
the owner or his rep. has to ask you to leave, or has asked you to leave in the past.

This comes from my talking to WMs around the state, but on a personal note, I noticed that at times different WMs interpret things just a shade differently.

So I don't thinka that the animal would have been taken illegally. Just my opinion though.
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Old 04-12-2008, 07:27 AM
bowhuntinmaniac bowhuntinmaniac is offline
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It is very easy to trespass unknowingly in AZ and, to do so and take an animal, from what I know, is not illegal. But, the Rez may have different ideas....
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Old 04-12-2008, 08:26 AM
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In some instances illegally implies knowingly and with intent. My personal interpretation is that accidental trespass, although not intended, is still illegal and game harvested is illegal though not with illegal intent and would be difficult to be procecuted in court. Knowingly tresspassing and taking game would also constitute theft of property belonging to the owner. I already know that if I accidently face this problem and the land owner tells me to leave the game and depart his property my only response is "Yes Sir"
Just my view.
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Old 04-13-2008, 06:41 AM
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Quote:
Originally Posted by AZHntrShrp View Post
In some instances illegally implies knowingly and with intent. My personal interpretation is that accidental trespass, although not intended, is still illegal and game harvested is illegal though not with illegal intent and would be difficult to be procecuted in court. Knowingly tresspassing and taking game would also constitute theft of property belonging to the owner. I already know that if I accidently face this problem and the land owner tells me to leave the game and depart his property my only response is "Yes Sir"
Just my view.
Dave
I believe that it would be illegal--even if it were accidental. However--as to the theft of private property--I don't believe that the game belongs to the owner of the property, unless it is a private game farm. They can only lease or grant trespass rights for the purpose of hunting?fishing.
Does anybody know what constitutes the legal method of posting land here in AZ? It may require a certain interval between signs. it is that way in some states. In CO--they don't even have to post it--you just better know where you are at all times.
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Old 04-13-2008, 09:39 AM
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Ichi you are correct regarding game ownership.

See: http://www.azleg.gov/FormatDocument....17&DocType=ARS

Land posting requirements can be found here:

http://www.azleg.gov/ars/17/00304.htm

Dave
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Old 04-13-2008, 12:50 PM
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Dave--
Perfect post--You'd almost have to know you were trespassing if it is properly posted--or unless you were in some fairly heavy cover.

BOB
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Old 04-13-2008, 05:33 PM
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Even in heavy foliage, if the landowner was in compliance with the posting requirements, a trespasser would most assuredly be found guilty.

A most exemplary example of posting private property is the Bucklar Ranch in Unit 9. Anyone else ever notice the fence around this property?
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Old 04-13-2008, 06:16 PM
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True Dan--my only obsevation in that post was that you may not be aware that you were in the wrong. Still guilty though!!

BOB
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Old 04-13-2008, 06:33 PM
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Several years back I was hunting up by Seligman and got on some elk. Due to my impatience we blew them out of cover and watched them run away. The direction we came we could see them across a fenceline but there were no signs or orange painted posts. Wasn't until we got to the road that I saw a no trespassing sign. A couple days later I ran into the WM and posed my question - had I tipped over an elk could I have been cited and he said no based on the circumstances. Had I gone in by the road tho that would have been a different story.
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