Forced to allow trespassing on my property...

[bsktball55]

Re: Forced to allow trespassing on my property...

My parent's subdivision has some ponds in it that were stocked by the conservation department. The rule was that if the conservation department stocked the pond then they had to allow the public to fish in them at least 2 days a year. They chose to open it to the public on Christmas Day and Thanksgiving day. The rest of the year it is a private pond that only members of the subdivision can fish. If they would have had it privately stocked, they would have been able to keep it closed year around. This is also in Missouri so you may want to check into that and see if they require it to be open year around or if you can pick which days of the year you allow people to fish it.

 

[Sparkinator]

Re: Forced to allow trespassing on my property...

No, they don't "think" that they are entitled, they are entitled. Which is why the problem is with the law not the fisherman.

Almost everyone that has replied to this thread have voiced their disapproval over anyone taking advantage of this situation. They THINK it is wrong, and do not THINK they are entitled, regardless of wheter the law says they are entitled or not.

Just because it's legal, doesn't make it right and if anyone acts on it, makes them a sorry S*B in my book.

I have a problem with anyone with the mindset that they can legally trespass on anybodys private property. I don't care what the state says.

Would you go fish on somebodys pond if the owner doesn't want you there just because it is LEGAL? Whether morally right or not?

It's not just the law, it's the ME first mentally of the general public that drives me nuts!!

 

[Thad]

Re: Forced to allow trespassing on my property...

Well, it is very sad indeed. The burden of proof is always on the innocent.

The main reason behind the law is that State stocked fish are paid for with State tax dollars. Even though, you would pay a fee for the fish and delivery, it is no where close to the actuall cost.

Check into the law a little more closely. Here in Illlinois, you, the property owner are held harmless of injury if;
YOU allow the use of your land for the LAWFUL pursuit of game or fish.
YOU have not purposely set any trap or danger.
YOU inform of any dangerous situations that you are aware of.
YOU do not charge a fee or lease or accept in trade or kind any goods or services for allowing them on your land.

Also, here, you are not required to allow just any person at any time on your ground to fish. You can choose one person and let (or say you let) that person fish it once or twice a year. There is also the right of the property owner to set a limit on what size and how many fish that can be caught.
Also, there is a time limit from date of stock. Kind of a statute of limitations.

It really is not as cut and dry for the yahoos that think the obscure law is there for them. You still have rights and in most cases here, more than the guy wanting to play the "entitlement" game.

I echo the response that said consult an lawyer.



Good luck.

 

[kend301]

Re: Forced to allow trespassing on my property...

How about posting a sign that reads " NOT responsible for health issues or death as a result of eating diseased or contaminated fish taken from this pond "

 

[jonesg]

Re: Forced to allow trespassing on my property...

Heres a novel approach, why not just let them fish.?

EDIT

 

[scipper77]

Re: Forced to allow trespassing on my property...

How about posting a sign that reads " NOT responsible for health issues or death as a result of eating diseased or contaminated fish taken from this pond "

That sign would probably not legally protect you, but it would prove that you were aware of a harmful situation should anyone ever get sick.

 

[avenger79]

Re: Forced to allow trespassing on my property...

Heres a novel approach, why not just let them fish.?

EDIT

yeah because I'm sure after they have fished your private pond, and enjoyed the peace and quiet of your private land, and littered in your clean water, and encroached on your privacy, I just know they would be willing to throw you a check to help with your tax costs for owning that land. maybe they'd even help with the upkeep costs of owning it. oh no that's right, usually the ones who try to gain access to private land in this manner are the same ones who say screw the state, I don't pay property taxes, I rent. sorry folks it's true. the ones who feel the most entitled to use your land are the same ones who won't pay for land of their own.

I agree with above, sorry SOB who would take advantage of that law. I can see asking your permission, but if you don't want fishing then so be it.

 

[The_Kid]

Re: Forced to allow trespassing on my property...

Today I get the mail and there is a letter from the Conservatoin Commimission. In it was copies of Missouri law and what they consider to be "state" fish.

Do the copies they sent you have the statute number on them? If so would you list them?

Just got off the phone talking to the local Conservation Officer and he confirmed what the letter said. (He knew nothing about the letter, it came from the main office.) He told me its a funny rule because I CAN refuse admitance to the property on an individule basis (I just don't like how you look.) but I can not have no trespassing signs or make a blanket statement that no one can fish there.

Give him a call back and ask him to explain the article written by Jim Low of the Missouri Dept. of Conservation. At the end of the second to last article. "Apply now for pond stocking"

http://mdc.mo.gov/news/out/archive/arc4-2009.html

Also ask him what Missouri law/statute prevents you from posting no trespassing signs on your private property.

 

[QC]

Re: Forced to allow trespassing on my property...

It's not too long so I pasted here. Seems like there are a few "outs" in it for you.

1) Ask them to show you the previous owners Application and approval. Wouldn't that have to be available in some file somewhere?

2) It says you don't have to allow anybody on your property . . .

Apply now for pond stocking

Thursday, May 07, 2009
The Conservation Department has largemouth bass, bluegill and channel catfish for qualifying pond owners.

JEFFERSON CITY?Landowners who want to turn their ponds into fishing holes have until July 15 to apply for stocking by the Missouri Department of Conservation.

Each year hundreds of Missouri pond owners accept nearly a million fingerling fish that add significantly to angling opportunities statewide. To qualify for Conservation Department stocking, they complete written applications. Conservation Department personnel visit each pond to be sure it meets the following requirements:

? The pond or lake must be at least 8 feet deep.

? If the pond is smaller than 5 acres, livestock must be excluded from the pond area.

? Ponds must not have existing fish populations, except for fathead minnows.

? The dam must be built for permanence and water-tightness.

Pond owners who qualify can receive bluegill, largemouth bass and channel catfish. Sunfish and catfish fingerlings are distributed from a central location in each county in September or October. Largemouth bass are distributed the following June. This gives the other fish time to grow before the hungry, predatory bass arrive.

Anglers can harvest bass in most ponds by the third summer after stocking. Natural reproduction replaces bluegill and bass removed by fishing. Catfish must be restocked periodically.

Pond stocking applications must be in by July 15. To submit an application online visit www.mdc.mo.gov/67. Visit www.mdc.mo.gov/10194 to learn more about the many pond stocking options that are available to you.

Pond owners who accept fish from the Conservation Department retain full rights to control access to their ponds. Accepting the free fish doesn't obligate them to allow fishing or other uses on their land by the public. However, ponds stocked by the Conservation Department are subject to provisions of the Wildlife Code of Missouri. The fish can't be bought or sold, and statewide fishing regulations must be observed. Those restrictions do not apply to pond owners who buy fish from commercial sources.

- Jim Low -

 

[DayCruiser]

Re: Forced to allow trespassing on my property...

Yea, whoever would go on private property to fish wouldn't think anything of littering the place. People(low lifes) litter like crazy on and around the public lakes here. Really would tick you off if they trespassed and littered

 

[Subliminal]

Re: Forced to allow trespassing on my property...

That sucks, man. You consider these little fellas to be pets and someone feels the need to come on your land and kill your buddies. I can understand your anguish. Not to mention the pond isn't much larger than the footprint of your house (judging by the picture) and that it's right in your backyard. Who wants strangers in your back yard, eyeing up your stuff while they wait for something to come hit their hook.

Terrible. That reminds me of that law (can't remember the name) where the govn't can force you off your land if they want to build a new road. Doesn't seem...American...to me.

 

[flingus]

Re: Forced to allow trespassing on my property...

Eminent domain. :S

Right or wrong, I would make anyones stay on my land so miserable they would never come back. If they got onto my property at all.

 

[ftl900]

Re: Forced to allow trespassing on my property...

So allow people to fish free, but charge an exorbitant amount for parking and again for access.

 

[thefairlaneman]

Re: Forced to allow trespassing on my property...

I would hope you could make them pay a security deposit up front to insure they did no damage. Say like 500 bucks each...Maybe plant grass and have only one little out of the way path . Anyone caught walking on the grass will lose the deposit. Maybe you could have some loud speakers that play rapp music so loud the fish wont bite . Or get a small motor boat and make circles as they try to fish,,,lol

 

[Bluegills Unlimited]

Re: Forced to allow trespassing on my property...

I'm very sorry. This is a terrible predicament.

 

[marlboro180]

Re: Forced to allow trespassing on my property...

Ok, how about one of these to test on the pond when the fishertresspassers are out? Just trying out a new prop, you know????

Even the name fits.Cheap too. Oh, and fun as well.

 

[achris]

Re: Forced to allow trespassing on my property...

Just read through all this... Dreadful...

Here's a possibility, that may just be legal..

Sign reads...

[size=+2]"Fishing allowed. Access to pond by written permission only, otherwise No Trespassing."[/size]

Getting written permission could take a while.

Chris..........

 

[rbh]

Re: Forced to allow trespassing on my property...

I don't think that you have a pond, how about a drinking water reservoir.
Would it be illegal to stir up the water in a reservoir, making it unpottable??

 

[ehenry]

Re: Forced to allow trespassing on my property...

All private lands in Mississippi are posted by law wheather there is a posted sign or not. Cant speak for Missouri but if you find people on your property that are not suppose to be there, call your county Sheriff's Department, not the game and fish, have the SO send a deputy out to deal with it. The deputy will enforce the traspassing laws.

The folks trespassing will eventually get tired of fighting the justice court system over the charge.

 

[milmat1]

Re: Forced to allow trespassing on my property...

What a Crock of BS !!

Call your Local Sherriff and talk to him !!