Civil damages?

bjseiler

5 year old buck +
Anyone here ever attempt to sue a trespasser for civil damages? I know this is a very state by state question but I'm looking for some creative thinking regardless of state.
 
I haven’t but have thought about how to go about it. First, I think you need to create something that can be regarded as a loss. I was in hunting in Texas once and they had signs up that stated if you shoot a deer there would be criminal and civil damages because of theft of service. Hunting was their business and shooting a deer without being a client was just like stealing from a store. Theft of service. So you would potentially have to create a business and prove they stole from you. Although in many places deer are considered the States property so I’m just not sure how you’d fair in a court. . You could probably do that also with just trespassing if you could prove that their being there harmed your business. IE you’re actual clients were harmed by people trespassing and not getting their full moneys worth. Thats just one way that I can think of But, has to be set up well in advance and who knows how it would come out. If it’s not a business and you can’t prove some kind of loss. Maybe the odds of doing anything in court are slim.
 
sss… just joking
 
How were you harmed? what loos did you sustain?

You can sue, that is no problem, but you have to be able to present damages.
 
I know of someone that sued because they were deer hunting their land without permission. The guy went and got local estimates per acre for leasing land, and sued that trespasser for that amount for every acre of land he owned. He won, because he said if I wanted people to hunt my land, I could have leased it out for this amount, which is the going rate in this area, he also pressed charges for Tresspassing, which if I remember right, he had to be found guilty of before the civil suit.
 
I’ve often wondered the same thing.

Food plot cost, etc were expended for the enjoyment of you and yours. Taking that without permission? I don’t know.
If I needed a trespassing conviction first I’d be screwed. 1/2 the Sherrif’s department went to school with someone in the trespassers family. But I keep pressing charges anyway.
 
I think each state, or as far as that goes, each judge may have different requirements. I would go for it anyhow. To me it would be worth the cost of filing for it.
 
If someone could figire it out and let me know id be rich.
We catch trespassers every season out here. Have a group thats under the impression that the entire county is public land.
Confronted them 2 years ago driving out my and the neighbors land. When asked what they thought they were doing i was told " doing a f'ing deer drive, what the f does it look like?"
Then proceeded to shoot an 8 point while i was standing there. Deer was shot on neighbors so i couldnt press charges and the neighbor didnt press it. Dnr said tresspass is sheriffs issue, sheriff said its dnr reminded me of "go ask your mom".
 
I wonder if one was to start an outfitting business, mark the land as such an post signs saying $5000/day to hunt.
Like Buckly said, then they are stealing something of value.
 
I saw a deal awhile back where a guy put up signs "Hunting 2000.00 a day" or something like that and they sued a trespasser
 
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