Residential Hunting

I've got a friend who lives in a residential subdivision in Bandera County. He has 49 acres and does not hunt but feeds the deer that stay around his property. He has a neighbor that owns about 8 acres of a 24 acre track divided amongst three family members. The neighbor who owns the 8 acres that shares a fence line leased his 8 acres to 3 hunters. The three hunters each placed a feeder no more than 20 yards from the shared fence line and each feeder is about 100 yards apart running parallel to the shared fence. The three hunters each have a blind no more than 30 yards in front of each feeder all facing the shared fence line. My friend calls the local game warden and expresses his concerns with the location of the feeders and direction the hunters will be shooting in the residential neighborhood with rifles, the game warden who is unable to come out advised no game violations from what he's been told and for him to call Sheriff's department. Several days pass and it's opening weekend first evening, The neighbor directly across the street from my friends property and property in question see's three doe walking along residential street in right of way, not on private property. A car comes down the road and the 3 doe jump into the 8 acres next to my friends property and start to travel down the shared fenceline, The neighbor across the street is outside in his yard, my friend is outside in his back yard that's when bullets start flying. The hunter closest to the residential street shoots once and misses, both neighbors take cover and the three doe put it into high gear and continue running down the fenceline, my friend is watching the three doe from behind a tree in his back yard and as they get to where the second hunter has his stand, that hunter shoots twice at the running doe in direct line with my friend. This is where is gets real interesting, my friend is hollering at the hunters and they pay him no mind and are looking for blood. My friend calls the Sheriff's department and calls me to come over. The hunters leave before the deputy arrives , it's now getting dark as the deputy pulls up my friend tells him what happen, the deputy then asked did you video them shooting towards you and across the fence," no I was hiding behind a tree" deputy says no evidence to prove this matter there's nothing I can do. The neighbor across the street comes over and verifies the incident, no video of them shooting towards anyone so I can't do anything. I asked to speak, he says we're you there, I said no! He asked then what can you add. I asked him wouldn't this fall under deadly conduct firearm, he says how you figure, " A person commits this offense if with recklessness places another in imminent fear of death or serious bodily injury. Well a long pause, I then said what if my friends house was your house and your family was outside playing and your neighbor starting shooting in your family's direction. I was then asked to leave and he went to talk to owner of the leased property. I'm glad this didn't happen in my back yard!!!!!! How would you handle this. My friend is not a bunny hugger by any means he has a lease. Please remember that the property they are hunting on is 8 acres and two other family members have 8 acres each for a total of 24 combined acres.

Dang. That’s beyond crazy/dangerous. Your friend should put up a high fence along what joins the neighbor. Not a perfect solution but might help a little

wow! video surveillance, game cams, possibly a 4x8 sheet of plywood on your buddy's side of the fence line in the direction they will be shooting toward feeders to prove bullet crossed property line... that is a tough one.

Game Warden should have nipped it before it happened.

JR

Sounds about right. Some in the sheriffs dept. get me to wondering sometimes. Same as the town marshals.

I'd pull the subdivision restrictions and see what it says about hunting/shooting.

Lol there was a guy on the forum earlier saying you should be able to do on your side of the fence whatever you please the people on the other side be damned.

Holy smokes! 3 hunters on 8 acres is crazy regardless of where located. Were the hunters adult males? Any person with a lick of sense should know this is unacceptable - and kind of embarrassing at the same time.

That would be a good place to start.

Does the leased property have a license displayed? If not I wonder if the land owner is being compensated in some way but is not properly licensed.

Some desperate folks out there...

Yeah, have the GW check the lease license. My buddy had a neighbors boyfriend bow hunting their 1 to 2 acre lot subdivision. Dude walked through his yard with a bow. GW is the neighbor so it stopped. Hays county...

Actually what was said is that a man can do with HIS property what he wants, so long as it's legal -- and he doesn't require permission from his neighbors to do so. That is NOT what happened here. A man is certainly free, within the law, to lease his property but he isn't free to interfere with the use of another man's property - which is exactly what happened here. What these guys did is flat out illegal. But thanks for playing Red - maybe work on some basic skills like reading comprehension and brush up on property rights before you come smack talking. But I am happy to help cure your ignorance

And to the OP - what you should do is immediately file for an injunction to prevent your neighbor from allowing these "hunters" from shooting towards your property. I've never been before a judge that I think would deny it based on the crazy [censored] you just described that happened. The LEOs may not be able to do much without evidence, but a judge can sure can.

Scary situation for sure.

I had a situation once about shooting over a fence line. Was told by the Sheriff that to prove it in court, they have to have the bullet as evidence. Have no clue about the legality of that but FWIW.

I believe I would be contacting the GWs supervisor and have them come out and see their setup in person.

Sounds like a stupid and potentially dangerous situation.

Might be covered in the subdivisions restrictions.
You might have to contact the county ( county commissioner, county sheriff, county attorney offices) to see if there are any county regulations on hunting in subdivisions or minimum acreage requirements for discharging firearms in rural subdivisions.
Sec. 235.022. AUTHORITY TO REGULATE.
To promote the public safety, the commissioners court of a county by order may prohibit or otherwise regulate the discharge of firearms on lots that are 10 acres or smaller and are located in the unincorporated area of the county in a subdivision.

I'd talk to the county sheriff himself not a deputy first, if he has the same lackadaisical attitude you know who to campaign & vote against next time.

Maybe a call to TPWD district 5 regional law enforcement office - Major Alan Teague - will give more insight or put substantial pressure on / build a fire under the county GW’s to do more to resolve the situation.

Most subdivisions have restrictions, if there is no restrictions, and the county commissioners court has not created a statute about it under the TP&W regulations/ I think he could lease it by the square foot if he wanted to. Hope he knows he has to have a lease license.

I think there is a list of counties online that have adopted the 10 acre rule, but no clue if or where it is. But I bet the county GW would know if that county has adopted that regulation.

Thank you to everyone that has responded, I am fortunate that this situation does not affect me directly and if it did I would have addressed this problem myself, my friend is in bad health and I can tell this is taking its toll on him. I have been provided with great direction. Since I retired I wanted to just keep a low profile,but I could never and will never watch as someone takes advantage of another!!!! I will contact a judge I know tomorrow. I also liked the plywood suggestion, I've got some old deer blinds I can store up against my friends fence about 100 yards apart!! I think 3 of them should work.

Did any of those bullets cross the property line? If so then the GW should be involved.

I would have no doubt a bullet crossed the fence, but proving it's the problem. One of the 3 adults that's hunting is supposedly a colonel in the military.

Sounds like to me some less than acceptable response from LE....can’t believe they wouldn’t get more involved. I mean sure I understand the burden of proof thing but come on....seems ridiculous to me.

Maybe throw some lead back their direction, & see how they like that????

If you can't get the GW out there go over his head and call headquarters in Austin that will get his attention...

This... and I’d go above and beyond if he didn’t do his job. No excuse for putting other lives in danger.

I would also go on google earth and mark the stands and feeders and distance to the fence line. It’s cllearly illegal to knowingly shoot across a fence line.

Several solutions are in order:
1. Calmly talk to the hunters and explain the situation. They might be nice and just ignorant.
2. If the hunters are rude and continue to be dangerous, threaten legal action.
3. A lawyer can send an intimidating letter to the landowner. It’ll cost a little.
4. Make it a long-term goal to work with, not against, all government officials to get the county law changed to fix this.
5. Go to the pound and get a barkaholic dog and pen it near the feeders. It’ll keep the deer away.

So sorry for your friend. It’s hunters like this that give us a bad name.

GW failure in my opinion.

I'm pretty sure Bandera County has the 10 acre rule in place. At least that is what I was told by my GW friend after we bought our place in Bandera County. So unless they are claiming they are hunting the full 24 acre tract, I believe they are in the wrong.

Hopefully this link will work.

https://www.banderacounty.org/documents/BanderaCountySubdivisionRegulations11092017.pdf