#1442554 - 09/12/1202:48 PM
Accessing state land through private property
Sweetchuck
Member
Registered: 01/04/07
Posts: 2311
Loc: Stafford Springs, CT
I belong to a Fish and Game club that recently had land that borders the clubs property opened to Bow Hunting. The club allows only bow hunting on the property (we have to work extra hours and also qualify to hunt it). Other members of the club want to access the state property through the club property they do not have signed permission slips to be on the property with hunting equipment even though they are members. They can access the state property from state property but it is a lot longer walk up hill. Where one person wants to walk to access the property is right by my stand and where all the deer go through. Do you need a signed permission slip (consent) to walk through private property with hunting equipment to get to state land?
I would assume you would be trespassing under normal circumstances if you crossed private property without permission, but if it's club property, and they are club members, I would imagine it would fall upon the bylaws of your club in regards to members accessing club property.
I think trespassing is trespassing, regardless of you carrying hunting equipment. As long as it's not loaded (No arrow knocked) and he's not actually hunting, I don't see where it would call for a consent to hunt form. I would assume simple permission to cross the property, or in this case, a right to be on the property would be enough.
I'll be watching for the ruling to see if I'm correct.
Edited by FarmerJay (09/13/1201:26 AM)
It is only when you see a mosquito landing on your testicles, that you realize that there is always a way to solve problems without using violence ...
Team "Just one more drift"
Team I'm not messin with JuJu ever again!!!!!!!
Re: Chum Bucket......There's too much gross #*&! in those picture threads; I can't look at them. Doing so scars my soul.
#1442606 - 09/12/1207:38 PM
Re: Accessing state land through private property
[Re: Jighead]
Sweetchuck
Member
Registered: 01/04/07
Posts: 2311
Loc: Stafford Springs, CT
Originally Posted By: Jighead
A club not letting club members walk through their own club property... not if I have a good spot and don't want the deer spooked
Maybe try to work out something with the one member that wants to hike through your spot.
We zone out the property to hunt and then it is by luck of the draw as to where you get to hunt. I got a good zone and have worked many hours to hunt the property and do not want some one walking under my stand. I want to know the legality of it before I present my case.
#1442697 - 09/13/1201:20 AM
Re: Accessing state land through private property
[Re: Sweetchuck]
passinthru63
Member
Registered: 04/22/06
Posts: 1640
Loc: Stafford, CT
Mike that is a tough one for sure and something in my opinion the club should address regardless of the law. They have permission to use the club land, the question is can they carry a bow across it to access the state land. i guess the club could NOT allow it, but is that a fight you want to start. Might be better off reminding members about those hunting and not disrupting them as much as possible. I know what part of that SL I would access through the club...oh and BTW, I have no problem with the long walk up hill - probably see you out there.
As far as the law, Capt will have to join in on that one.
My guess is that there is no law against it. I would imagine that I could have permission to shoot a bow on a property but not hunt it. I bet that being members of the club allows them to carry their bows wherever they want on that property - even if they aren't hunting.
#1442788 - 09/13/1201:43 PM
Re: Accessing state land through private property
[Re: Sweetchuck]
EnCon Police Moderator
Registered: 03/01/04
Posts: 3899
Sounds like you have an internal club issue.
You cannot utilize private property in Connecticut without permission of the property owner. You wouldn't need written permission to traverse private property to get to state land but you would at least need verbal permission.
#1442818 - 09/13/1203:30 PM
Re: Accessing state land through private property
[Re: EnCon Police]
Sweetchuck
Member
Registered: 01/04/07
Posts: 2311
Loc: Stafford Springs, CT
Thank you for the answer (not the one I hoped it would be for me). I just want to get it straight in my head if you could answer this from the law stand point. I am on private property I have a bow and a stand on me (carrying into or out of the woods) I am stopped by a conservation officer and asked to see my tags and permission slip I state I was hunting on state property next to this one but I have nothing to prove I can be on this property. In my head there is a violation. I know I am nit picking but I just do not see why you would not need written permission to cross. It may not even be at a club it could be private land any where that abuts state land and it is easier to get that piece of state land through private property. If you could shed light on it that would be great. I appreciated your answer even if they do not match what I want to here.
#1442856 - 09/13/1206:10 PM
Re: Accessing state land through private property
[Re: Sweetchuck]
EnCon Police Moderator
Registered: 03/01/04
Posts: 3899
You are required by regulation to have written permission to deer hunt and turkey hunt, small game and waterfowl hunting only require verbal permission of the property owner.
Legal definition of hunting: "Hunting" means pursuing, shooting, killing and capturing any bird, quadruped or reptile and attempting to pursue, shoot, kill and capture any bird, quadruped or reptile, whether such act results in taking or not, including any act of assistance to any other person in taking or attempting to take any such animal.
If you are simply walking across a piece of property, carrying your equipment and you are not stalking with a knocked arrow, you are not pursuing, shooting, killing, capturing or attempting to pursue, shoot, kill, capture, then you not actively engaged in hunting....you are simply trespassing if you don't have permission to be there.
If an officer comes across you walking on a piece of property as you describe they can simply call the landowner and see if you have permission to be on their property. If you do then you go on your way, if you don't...well, things would head in another direction.
Bottom line is that you cannot go on anyone else's property without their permission (verbal is sufficient unless you are deer/turkey hunting on their property). Other states allow you to access and hunt any land not specifically posted prohibiting trespassing or hunting. Connecticut law does not work that way, our law defaults back that private property is private property and you cannot gain access to it without the owner's permission.
#1442875 - 09/13/1207:03 PM
Re: Accessing state land through private property
[Re: EnCon Police]
Sweetchuck
Member
Registered: 01/04/07
Posts: 2311
Loc: Stafford Springs, CT
Thank you EnCon for your response it is very helpful even it is not in my favor . It is great we have you as a resource on this board. I do not know how long it would take or even who to ask if is was not for this site.