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8. Posting and Trespass
Only the owner or tenant may post land by placing signs alongside a public highway or boundary giving notice that no hunting is permitted on the land. The name of the person posting the land must appear on each sign in legible characters. The signs must be readable from outside the land and must be placed conspicuously and not more than 880 yards apart. On land entirely enclosed by a fence or other enclosure, posting of signs at or on all gates through the fence or enclosure constitutes a posting of all the enclosed land.
Hunting on posted lands without permission from the owner or tenant is illegal and punishable by suspension of hunting, fishing, and trapping privileges for a period of at least one year.
Even if it is not leaglly posted it is not worth the hassle.
 

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If it says No Hunting only it is legally posted according to state law.Don't go by what the GNF says.A court will find you quilty of tresspassing even if it's an old tire with NO Hunting on it.
 

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I talked to a Game and Fish officer and he said that even if the intent was there to post you could be charged. ie. posted only on one corner of the field, sign fell down... a number of other things too. Dont risk it not worth it and thats from experience....
 

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GKBassplayer said:
Dont risk it not worth it and thats from experience....
He ain't a kiddin either! Damn near got run over by a crazed farmer!

BTW you can even be charged if it isn't posted at all. Civily you can be charged with tresspassing.
 

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ACtually MN law is similar to SD in that it is considered posted until you ask and get permission. ND is considered open unless posted!!
 

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Ken W & All,

I have looked into this many times and there really is no difference between the Game & Fish Trespass and Criminal Trespass in North Dakota. PLEASE READ SUBSECTION 3!! Even for criminal trespass the signs need to have the name of the person posting in legible characters.

The only difference is that G&F says every 880 yards and Criminal says "posting in a
manner reasonably likely to come to the attention of intruders"

HERE IS THE CRIMINAL CENTURY CODE
12.1-22-03. Criminal trespass.
1. A person is guilty of a class C felony if, knowing that he is not licensed or privileged
to do so, he enters or remains in a dwelling or in highly secured premises.
2. A person is guilty of a class A misdemeanor if, knowing that he is not licensed or
privileged to do so, he:
a. Enters or remains in any building, occupied structure, or storage structure, or
separately secured or occupied portion thereof; or
Page No. 1
b. Enters or remains in any place so enclosed as manifestly to exclude intruders.
3. A person is guilty of a class B misdemeanor if, knowing that that person is not
licensed or privileged to do so, that person enters or remains in any place as to
which notice against trespass is given by actual communication to the actor by the
person in charge of the premises or other authorized person or by posting in a
manner reasonably likely to come to the attention of intruders. The name of the
person posting the premises must appear on each sign in legible characters.
A
person who violates this subsection is guilty of a class A misdemeanor for the
second or subsequent offense within a two-year period.
4. A person is guilty of a class B misdemeanor if that person remains upon the property
of another after being requested to leave the property by a duly authorized person.
A person who violates this subsection is guilty of a class A misdemeanor for the
second or subsequent offense within a two-year period.
5. This section does not apply to a peace officer in the course of discharging the peace
officer's official duties.

Maybe this will put an end to all the arguments.

Just to be clear, I don't enter any land that I know the intent of the owner is to keep people out. Even if it's an old tire that say "NO HUNTING" and has been hanging there for 20 years, I WILL STAY OUT. I just like to be aware of the REAL RULES, not what uncle Bob told me at the bar!
 

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The only real reason for the "legally posted" provisions of the law is convenience. It helps individuals and law enforcement to easily identify who has posted the land and if the posting is reasonably current. If I recall the regulation says signs must be signed and dated... interpreted as.. they must have a name (not necessarily a signature) and a date that is not defined by law as to being in the current year. One of the reasons for dating is that old signs rarely get removed even when property may have changed hands several times. Given a choice many landowners would prefer not to put their name on the signs to avoid being bothered. Regardless the intent is there unless the owner says otherwise.
 

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if the land has any sign of a poster on it you would lose in court. I would just find the nearest house to the land and ask that person. they will either own the land or have an idea who does.
 

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dakotashooter2,

Neither the G&F regulations or the Century Code require a date, this is another common misconception about posting.

Norm 70,

No you wouldn't lose in court, it's the law. That's like saying if were stopped for DUI with a BAA of .02 you would lose, you would win because the law is clear that your BAA needs to be .08.

There are many myths that are spread about getting in trouble for a certain behavior, usually the law is very clear. Just like an earlier discussion I saw on here about driving a section line that has a standing crop. Unless that section line has been abandoned by the county, you may drive through anything on the section as long as you "exercise ordinary care in doing so". This is from the Attorney General Opinion 2000-F-02.

NO I"M NOT A LAWYER, JUST LIKE TO BE INFORMED.

BUT I DID STAY AT A HOLIDAY INN EXPRESS LAST NIGHT!
 

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Recently several different people have told me that you cannot drive in a stubble field in North Dakota without permission to do so. I was wondering if anyone else has heard this or in fact its true and other than just being kicked off the field can the land owner take legal action against you for driving in his field that is either unposted or you have permission to. I'm talking just to hunt. Not screwing around or making a mess.
 

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It is illegal to drive motor-driven vehicles off established roads and trails UNLESS hunting waterfowl or cranes. From the ND GNF site.

Their phone number is 701-328-6300, call them. When I hear SOMEBODY BODY I get nervous. The best way to know for sure is to ask the people who would arrest you or write the ticket. The GNF office in Bismarck does not mind if you call and ask an honest question. They want to keep us from doing something dumb as much as we do ourselves. [/b][/i][/u]
 

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JBB,

Not always. See the "exception" in the paragraph from the Game and Fish site.

It is illegal to drive motor-driven vehicles off established roads and trails unless hunting waterfowl or cranes. Except for persons having a special disability permit, no person may use a motor-driven vehicle while in the process of hunting small game (except waterfowl or cranes) or aid another in the process of hunting small game (except waterfowl or cranes) including travel to and from a hunting location unless the motor-driven vehicle is on an established road or trail. Exception: A landowner or a lessee who actively farms or ranches the land, or a person having written permission from the landowner or lessee, may use a motor-driven vehicle off of an established road or trail to hunt small game except during the deer gun season.
 

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Your question indicates doubt. When in doubt, assume you need to get permission.
On unposted land, ask permission anyhow.
This last trip out, I stopped and asked a farmer for permission to hunt his un-posted land. He got a big smile on his face and said we were "very welcome" to hunt and even suggested a few other places that he owned. This was all because we had the courtesy to ask first.
He did relate a problem with a hunter standing next to one "posted" sign and shooting at ducks.......on a pond within 100 yards of his house.
That single act could have ruined the opportunity for a lot of folks.
Hey, it's just not that much trouble to get a plat book and look up the landowner (phone numbers are in the plat book also).
 

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JBB said:
It is illegal to drive motor-driven vehicles off established roads and trails UNLESS hunting waterfowl or cranes. From the ND GNF site.

Their phone number is 701-328-6300, call them. When I hear SOMEBODY BODY I get nervous. The best way to know for sure is to ask the people who would arrest you or write the ticket. The GNF office in Bismarck does not mind if you call and ask an honest question. They want to keep us from doing something dumb as much as we do ourselves. [/b][/i][/u]
The law was changed the last session.You can drive onto a farmers land with WRITTEN PERMISSION for any hunting except deer hunting.
 

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A hunter may ALSO drive onto PLOTS acreage, for the purpose of retrieving big game (such as deer) ... IF PERMISSION HAS BEEN GRANTED BY THE LANDOWNER ... the same as driving off-road to retrieve game taken, as described in the proclamation, for non-posted land.

Straight goods.

Got it from a G&F honcho.
 
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