Implied Consent

M

maine canoe guide

Member
Jun 29, 2016
111
53
Coastal Maine
Up here in Maine we have a law that goes back for many years called Implied Consent. Basiciy what that means in you or anyone can hunt anywhere on anyones land. unless it's posted. And Posted means a sign every 50 feet. That means some out of state landowner can't stick up one sign up in his driveway and keep me from hunting his 100 acres. the law say's I don't have to ask permission or anything. However a land owner can ask you to leave If he want's to but you can't get charged with trespassing.

After dealing with the maze that is Wyoming zones and draws and tags and preference points I just wanted to run that by you all and see what people think.

Save a couple for me

Maine canoe guide
 
JimP

JimP

Administrator
Mar 28, 2016
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Gypsum, Co
Come to Colorado, land owners don't even have to post or fence their land. It is up to the hunter of fisherman to know where they are at at all times.
 
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shootbrownelk

Veteran member
Apr 11, 2011
1,535
196
Wyoming
Same here in Wyoming. Landowner doesn't have to post their ground. And the landowner must sign the back of your license even if you have permission. Guess who got that law passed.
 
ivorytip

ivorytip

Veteran member
Mar 24, 2012
3,760
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SE Idaho
in Idaho, anything cultivated doesn't need marked but everything else must be properly marked. but what kills me is land owners marking blm as private and getting away with it. you call and report it and nothing comes of it. I understand 10 feet but 100 yrds and 200 yards is an obvious intentional doing.
 
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rjroberts15

Member
Jun 8, 2016
121
9
CA
"However a land owner can ask you to leave If he want's to but you can't get charged with trespassing."
Wow, implied consent, it doesn't make any sense to me. What happened to private property?
 
S

shootbrownelk

Veteran member
Apr 11, 2011
1,535
196
Wyoming
ivorytip said:
in Idaho, anything cultivated doesn't need marked but everything else must be properly marked. but what kills me is land owners marking blm as private and getting away with it. you call and report it and nothing comes of it. I understand 10 feet but 100 yrds and 200 yards is an obvious intentional doing.
Click to expand...
Some ranchers and outfitters with leases do the same thing in Wyoming. You really do need a GPS with the landowner chip when and if confronted. They usually back down....but not always. Some of them have had grazing leases so long, they think they own the ground.
 
Colorado T

Colorado T

Active Member
Aug 28, 2011
455
114
Littleton, CO
shootbrownelk said:
Some ranchers and outfitters with leases do the same thing in Wyoming. You really do need a GPS with the landowner chip when and if confronted. They usually back down....but not always. Some of them have had grazing leases so long, they think they own the ground.
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Happened to me two years ago. The land where we were was all checker board with private and public, we had all of our maps and GPS and confirmed we were camped on BLM. Landowner showed up after we were set up and asked who we talked with about getting permission to camp there. I told him the US Govt, he didn't like that until I showed him my maps and GPS. He said "Huh, thought this was my property for years, guess I was wrong." He told us to have a nice hunt and drove off.
 
D

drifli

Member
Jun 7, 2015
62
0
Tahoe, Yosemite,
California is the same. You have to post every so many feet. F&G code says you must have written permision to hunt on other peoples land. The one thing that always makes me laugh is Red Emmerson owns most of the land in CA and you are allowed to hunt on his land as long as you walk in, good luck getting written permision from him. So like most laws, interpretation is always fun..
 
M

maine canoe guide

Member
Jun 29, 2016
111
53
Coastal Maine
If you don't want people on your land you had better post it. One of the big advantages of this is say your land isn't posted and someone hikes across your field to fish in that nice trout hole under the old damn. as they get to the dan they step on a spike that sticks out of the foundation of the old sawmill. Yoww. Can they sue you? No you had consent to fish there and you knew that.You can't sue. That keeps LOTS of private land open for guy's and girls like us. Pretty cool.

Also back in the old days loggers (we don't call them lumberjacks in Maine) would drive logs down to sawmills on the rivers and you can't keep anyone off your stream as long as it is wide enough to drive a log down it. That's still the law. So river access is much easier here.

You want to keep your land private? you gotta post it.
 
Daubs

Daubs

Active Member
Aug 5, 2016
424
74
Nebraska
In Nebraska, private property means you need permission, no matter what.

This one boggles my mind: rivers and lakes.

In Nebraska, it is legal to float a river, as they are public. But once you step out of the boat, and on land, you are technically trespassing (I even called the Game and Parks to verify this).

The landowner own's the land under the river, to the "historical center" of the river. And therefore you need permission to "walk" on his land.

But you can float over his land on the river, which is public. Have fun with that one...
 
JimP

JimP

Administrator
Mar 28, 2016
7,104
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70
Gypsum, Co
The water is public but the land is not. The same as flying over it. The air is public but the land is not.

Same laws here in Colorado
 
Horsenhike

Horsenhike

Very Active Member
Nov 11, 2015
668
0
Eastern SD
Nebraska law sucks. High water mark on The SD side of the Missouri River, can't step out of the boat over there. Not that it matters, as most of the sandbar islands are off limits due to least tern and piping plover restrictions.
 
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