Forums46
Topics551,718
Posts9,895,758
Members88,146
|
Most Online28,231 Feb 7th, 2025
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5317356
09/20/14 08:18 PM
|
Joined: Oct 2008
Posts: 2,192
TexasVine
Veteran Tracker
|
Veteran Tracker
Joined: Oct 2008
Posts: 2,192 |
As a landowner in that situation, it is up to you to legally to enforce your rules . A written contract with your hunter is the best tool for reinforcement.
TexasVine
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: kyle1974]
#5317364
09/20/14 08:27 PM
|
Joined: Aug 2008
Posts: 15,211
don k
THF Celebrity
|
THF Celebrity
Joined: Aug 2008
Posts: 15,211 |
JCB is exactly right...
if the hunter only had permission to shoot one deer, then he did break the law because he "poached" the second deer.
He only broke the landowners law. Not a state law.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: don k]
#5317375
09/20/14 08:37 PM
|
Joined: Jul 2006
Posts: 110,840
dogcatcher
THF Celebrity
|
THF Celebrity
Joined: Jul 2006
Posts: 110,840 |
JCB is exactly right...
if the hunter only had permission to shoot one deer, then he did break the law because he "poached" the second deer.
He only broke the landowners law. Not a state law. Some landowners have backhoes!!! 
Combat Infantryman, the ultimate hunter where the prey shoots back. _____________"Illegitimus non carborundum est"_______________
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5317385
09/20/14 08:50 PM
|
Joined: Oct 2013
Posts: 33
gritsgresham
Light Foot
|
Light Foot
Joined: Oct 2013
Posts: 33 |
What's disconcerting is that this question was ever asked.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: JCB]
#5317386
09/20/14 08:51 PM
|
Joined: Oct 2009
Posts: 5,445
BOONER
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Oct 2009
Posts: 5,445 |
I believe what Double Naught said is true. The landowner can't sue for the value of the deer because they don't belong to him. What many folks don't realize is that when you lease a property to hunt you are actually just paying a trespass fee to the landowner that allows you the legal right to be on the property. The most the landowner can do is revoke that right and kick you off the place. Do me a favor........go purchase a "cull" hunt on one of the big name ranches. When a 200" B&C steps out there go ahead and ground check him and see what happens. While you are at it go ahead and bust you a second buck as well. After all...........all he can do is tell you to leave right??? If it wasn't in the fine print then yes all he could do is ask you to leave, but we all know that wouldn't be the case on most ranches. Just a regular ol lease then yes maybe they don't have all the proper documentation and all they could do is not renew your lease. In the 1st scenario are we talking HF, LF or BT? 
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5317529
09/20/14 10:49 PM
|
Joined: Aug 2008
Posts: 15,211
don k
THF Celebrity
|
THF Celebrity
Joined: Aug 2008
Posts: 15,211 |
Very interesting what if? Small claims court is the only thing I can think of. Me, I would lock the gate while he is still inside and call the Sheriff Dept. and have them come out and explain to me my options.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5317563
09/20/14 11:06 PM
|
Joined: Aug 2009
Posts: 4,838
decook
Extreme Tracker
|
Extreme Tracker
Joined: Aug 2009
Posts: 4,838 |
I would think a Game Warden would steer clear of a civil matter, if for nothing else just to keep himself out of a possible complaint.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5317776
09/21/14 01:03 AM
|
Joined: Aug 2009
Posts: 11,124
LandPirate
THF Celebrity
|
THF Celebrity
Joined: Aug 2009
Posts: 11,124 |
A game warden has no legal authority to enforce anything other than state law. That said, he could very easily tell the l.o. of the rule infraction, but he cannot file charges for such an infraction.
Mike Buda, Tx Hunt near Freer
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: LandPirate]
#5317797
09/21/14 01:19 AM
|
Joined: Apr 2009
Posts: 5,687
Slow Drifter
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Apr 2009
Posts: 5,687 |
A game warden has no legal authority to enforce anything other than state law. That said, he could very easily tell the l.o. of the rule infraction, but he cannot file charges for such an infraction. This is exactly correct. In JCB's scenario, a GW has no say in the matter, unless it's in a one buck county. That's a civil case between land owner/hunter.
"I have no idea what WW-III will be fought with, but WW-IV will be fought with sticks and stones." A. Einstein
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5319900
09/22/14 02:31 PM
|
Joined: Nov 2011
Posts: 2,441
TxDispatcher
Veteran Tracker
|
Veteran Tracker
Joined: Nov 2011
Posts: 2,441 |
5 more days and hopefully we'll have better threads than this one 
I will get off in a little bit You shouldnt have said that
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: TxDispatcher]
#5320089
09/22/14 04:16 PM
|
Joined: Aug 2008
Posts: 15,211
don k
THF Celebrity
|
THF Celebrity
Joined: Aug 2008
Posts: 15,211 |
5 more days and hopefully we'll have better threads than this one I don't know, you are in on it.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: don k]
#5320271
09/22/14 05:57 PM
|
Joined: Feb 2012
Posts: 3,811
Trout-killer
Extreme Tracker
|
Extreme Tracker
Joined: Feb 2012
Posts: 3,811 |
Very interesting what if? Small claims court is the only thing I can think of. Me, I would lock the gate while he is still inside and call the Sheriff Dept. and have them come out and explain to me my options. Kidnapper!!!!!!!!
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: Trout-killer]
#5320308
09/22/14 06:29 PM
|
Joined: Aug 2008
Posts: 15,211
don k
THF Celebrity
|
THF Celebrity
Joined: Aug 2008
Posts: 15,211 |
Very interesting what if? Small claims court is the only thing I can think of. Me, I would lock the gate while he is still inside and call the Sheriff Dept. and have them come out and explain to me my options. Kidnapper!!!!!!!! Just doing what needs to be done.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5320381
09/22/14 07:26 PM
|
Joined: Feb 2014
Posts: 30
Lennie76
Light Foot
|
Light Foot
Joined: Feb 2014
Posts: 30 |
Assuming no local/state/federal laws were broken. The only civil matter would be breach of contract. If the penalties are not clearly defined in a contract, the LO could sue in civil court for compensatory and punitive damages. The plaintiff (LO) would be subject to the burden of proof. They would have to prove the hunters agreed to certain limits and then exceeded those limits. He would also have to prove the value of the lost commodity. It would then be up to the jury to award an amount based on the evidence presented.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5321160
09/23/14 02:03 AM
|
Joined: Oct 2010
Posts: 718
trjscout
Tracker
|
Tracker
Joined: Oct 2010
Posts: 718 |
what if the judge hunts low fence and hates high fence and ruled in your favor
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: decook]
#5321625
09/23/14 12:17 PM
|
Joined: Dec 2012
Posts: 1,107
catslayer
Pro Tracker
|
Pro Tracker
Joined: Dec 2012
Posts: 1,107 |
I would think a Game Warden would steer clear of a civil matter, if for nothing else just to keep himself out of a possible complaint. yep... breach of contract is civil... might he be tapped to make a statement if suit if filed. If he actually knows the land owner he might, but what are the odds...
Sombody smells like fried borritos...
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5321704
09/23/14 12:58 PM
|
Joined: May 2014
Posts: 795
Treinta-Treinta
Tracker
|
Tracker
Joined: May 2014
Posts: 795 |
Folks worry about some wild stuff.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: trjscout]
#5321717
09/23/14 01:09 PM
|
Joined: Aug 2008
Posts: 15,211
don k
THF Celebrity
|
THF Celebrity
Joined: Aug 2008
Posts: 15,211 |
what if the judge hunts low fence and hates high fence and ruled in your favor Then the land owner is SOL. But if he judge is a HF owner then the hunter may get the book thrown at him.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5342283
10/05/14 04:00 AM
|
Joined: Jan 2012
Posts: 9,273
blackcoal
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Jan 2012
Posts: 9,273 |
The Greatest Enemy of knowledge is not ignorance, it is the illusion of knowledge.--Stephen Hawking
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5342394
10/05/14 11:20 AM
|
Joined: Jun 2014
Posts: 53
Aim Small
Outdoorsman
|
Outdoorsman
Joined: Jun 2014
Posts: 53 |
You shoot a deer without landowners permission and you are poaching, period.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: Aim Small]
#5342423
10/05/14 12:07 PM
|
Joined: Aug 2008
Posts: 15,211
don k
THF Celebrity
|
THF Celebrity
Joined: Aug 2008
Posts: 15,211 |
You shoot a deer without landowners permission and you are poaching, period. I may be wrong but poaching may not be the best word to use for what was done.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: Treinta-Treinta]
#5342813
10/05/14 05:16 PM
|
Joined: May 2009
Posts: 2,216
kyle1974
Veteran Tracker
|
Veteran Tracker
Joined: May 2009
Posts: 2,216 |
Folks worry about some wild stuff. if you ever invited someone to your place to shoot does, pigs, or maybe even an "8 pointer", and they come back to camp with a 172" 4 year old deer that was strictly off limits, you'd be worried too.
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: BenBob]
#5343070
10/05/14 07:55 PM
|
Joined: Mar 2012
Posts: 13,931
1860.colt
emoji colt.45
|
emoji colt.45
Joined: Mar 2012
Posts: 13,931 |
 U meens land owners have more power than state  have learned some of the tricks land owners use. here, it been 1buck only county for years. tried geting a doe permit, was told not enough deer. last few years its legal to take 4 deer in this county. why it jumped ta 4 deer  guess a bonus for knocking down the hog problems land owners complain about.  i try keep open mind. if i'd killed 4legal deer & neighbor killed 4, & so on hmmmm a doe at best has triplets, far as i know, usualy twins, half may survive before hunting season. & i'm not gonna put down a hunter if he takes 4 deer, he pays for his hunting licence just like i did.
Last edited by colt.45; 10/05/14 07:58 PM.
i'm postaddic
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: kyle1974]
#5343173
10/05/14 08:29 PM
|
Joined: Mar 2012
Posts: 13,931
1860.colt
emoji colt.45
|
emoji colt.45
Joined: Mar 2012
Posts: 13,931 |
Folks worry about some wild stuff. if you ever invited someone to your place to shoot does, pigs, or maybe even an "8 pointer", and they come back to camp with a 172" 4 year old deer that was strictly off limits, you'd be worried too. that's a high $$$$ rack their. does the bigger rack taste better for  en than a 100" rack 
i'm postaddic
|
|
|
Re: Will Game Warden Enforce Landowner's Rules
[Re: Double Naught Spy]
#5346629
10/07/14 05:46 PM
|
Joined: Apr 2007
Posts: 63,100
BOBO the Clown
kind of a big deal
|
kind of a big deal
Joined: Apr 2007
Posts: 63,100 |
As others have already said it is not the GW duty to enforce land owner rules. However just because he cant enforce the rules that does not mean that the land owner cant take legal action against you. For example: If you sign a contract with the lease rules stating you can only shoot 1 buck and you shoot 2 bucks then the land owner can still file a lawsuit against you to try to recoup the value of the extra buck you took. Just because you might not break any laws that still does not protect you from legal action if you break the rules. What is the basis for being able to sue for the value of property that is not yours? The buck is owned by the state, not you as the landowner. I would think that all that you could recoup is the lease fee amount. There are civil laws and state felonies in place, the landowner has recourse.
Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, b/c they know not victory nor defeat"- #26 TR
|
|
|
Moderated by bigbob_ftw, CCBIRDDOGMAN, Chickenman, Derek, DeRico, Duck_Hunter, kmon11, kry226, kwrhuntinglab, Payne, pertnear, sig226fan (Rguns.com), Superduty, TreeBass, txcornhusker
|