Tresspassing in MN law?

[willy]

How does one prosecute trespassing in MN?

What do you do if someone is one your land/property without permission?

I would like your 2 cents and then I will give you the explanation of trespassing and enforcement in MN by a LEO a couple weeks ago.

Also, What is the hunting without permission law like in MN? Just curious on this one as it kind of pertains to the question above

Thanks in advance

Willy

 

[Buckly]

I can't tell you about MN but it always amazes me that if a person was walking around your yard or house with a gun they would draw police from all over and be charged with endangerment and criminal trespass. If they're walking around your back 40 you are put on hold and if an LEO does come out, you are told there is nothing you can do but fill out a report. That's the way it works around me in NY.

 

[bat man]

You have to post it legally to prosecute in MN. If you don't know where the survey stakes are the criminal gets a 50 yard 'leeway' as court will throw it out.

 

[willy]

Batman, are you talking hunting without permission or just trespassing?

 

[bat man]

Not for certain. Guys I got in trouble were hunting.

 

[Bucks&Ducks]

It needs to be posted, ag (tree farms count) or fenced for cattle. Posted sign needs to be signed or have contact information I believe. I can't remember all the statutes.

I do not think there is a "hunting without permission" law. It is just tresspassing. To prosecute you are going to need evidence or a confession. Saying someone was on your property won't hold up but usually LEO follows up and the guy admits he was there with some excuse.

 

[Jim Timber]

Photo's do wonders. I've gotten my people on camera and the LEO's just need to know who the subject is and it's as good as a citation - unless it's on an improved surface. :mad: I had to string a cable up to get anyone to prosecute someone using my driveway. They drove right past a no trespassing sign that's been there 4.5 years.

 

[SD51555]

I'd call the sheriff. I wouldn't call the DNR. I suspect the sheriff has more time than the DNR.

I'd hand them my proof. If I didn't have iron clad proof like a picture, I'd ask for a report to be filed. Keep the case number, and pull it back out the next time it happens. I'd also move trail cameras to where the person is entering your land. Odds are they'll come at it from the same way each time. If it's not getting prosecuted or taken seriously, I would be barking at the LEO's civil bosses whether that's the county sheriff, the commissioners, or the county attorney. If that doesn't work, go hunt their place. Lord knows there are enough loop holes in the posting requirements.

In MN it's written for trespassers. At least that's how I feel. The DNR hunting reg book has a pretty good explanation of it all.
It's on pages 6-9 in the book. Linked below.

http://files.dnr.state.mn.us/rlp/regulations/hunting/2014/full_regs.pdf#view=fit&pagemode=bookmarks

 

[tooln]

I'm not sure about MN but in WI you needs 2 11" signs per 40 acres for it to be legally posted.

 

[Don'tWorryIHuggedItFirst]

Not

I'm not sure about MN but in WI you needs 2 11" signs per 40 acres for it to be legally posted.

Not anymore.

 

[bat man]

Nope, no requirement for posting property in WI. The onus is put on the individual to know where they are and whether they need permission to be there.

Sounds like a good resolution for the Morrison county MDHA branch.

 

[bat man]

All we would need to do get 6 guys to start trespassing on a key legislators piece and walk with a wrist slap for action.

 

[tooln]

Nope, no requirement for posting property in WI. The onus is put on the individual to know where they are and whether they need permission to be there.

I made my comment from the information I got from the Wisconsin Legislature web site. Section 943.13 Trespass to Land.. About as fun to read as an OSHA requirement..


 
943.13(2)(am)(am) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this paragraph under either of the following procedures:
943.13(2)(am)1.1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must provide an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this subdivision

 

[bueller]

I made my comment from the information I got from the Wisconsin Legislature web site. Section 943.13 Trespass to Land.. About as fun to read as an OSHA requirement..


 
943.13(2)(am)(am) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this paragraph under either of the following procedures:
943.13(2)(am)1.1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must provide an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this subdivision

Interesting.

section 2 states: "If markings at least one foot long, including in a contrasting color the phrase "private land" and the name of the owner, are made in at least 2 conspicuous places for every 40 acres to be protected."

Looks like either way signs must in WI must include your name or they may not hold water. Did not know this.

 

[MoLandOwner]

Become a raging lunatic?

I agree Stu!

I have told this story before, but here goes again. When we first bought this farm in Mora, I was hauling wagons of corn in my driveway one day during rifle season, when I spotted a car pulling over north of my drive about a 1/4 mile next to my woods. I hauled the wagons in the yard and jumped in the truck to go see what this guy was doing. When I pulled up, he was out of his car getting his gun out, dressed in full orange. I asked what he was doing, and he said he was going hunting. I said where, I own this side of the road and my neighbor does not let anyone hunt on the other side. He pointed to my side and said its not posted and it's not Ag land. I thought for a second and said, you must need the number for Glen's Tire Shop in Mora? He said, why would I need that? I said walk in my woods and find out Asshole.......


I left, and he left one minute later.

 

[Satchmo]

Mo, That is priceless!!!!:p

 

[willy]

loved reading that story again MO and Smith I like your idea and I can do that but I don't think that will help in my situation.

Here is my situation.

My wife and I own a small cabin on a popular lake in MN. There is a great sand bottom shallow area adjacent to our cabin. When it is warm the shallow area fills up with boating families and other party goers and on July 4th it is loaded as are a great many of the people enjoying the water with family and friends.

This July 4th while at the cabin there were several adults who asked to come through our property to get to the water and out to a friend's boat. I politely declined their request stating that this is private property and we will not give permission to anyone as it would turn it into free for all. A couple of them understood and went back the way they had come. The others stepped back to where we couldn't see them and then climbed over our flower planter and onto the next property and then went out to the boat of their choice.

I realized what they had done when saw I them going out to the boats from the neighbors property and went and checked where they had crossed. I then called the Sheriff Dept. as I was going to press charges as I/we took notes on what boats people went to, their clothing, and any other visual details that stood out. An officer arrive within 10 min. which I thought was good considering how busy that day must be.

Immediately I told the LEO that I wanted to press charges and would do what ever I needed to do, fill out, etc. to press charges. He stated that MN trespass laws would not allow me/him to follow through with any charges. He said that the only way a person can be charged with trespassing on private property is that an individual must still be present when LEO arrives and will only be charged if they refuse to leave the property after the LEO has requested them to do so or if they caused any property damage.

My response was shock, disgust, frustration, and finally laughter. I asked him why would a person even call the law for trespassing in MN. It is a worthless, poorly written law. The LEO expressed his frustration with how trespassing is written up and feels his hands are tied when it comes to trespassing. He said if I had a fence around my property and they would have jumped over that he may have been able to make something stick. I said they climbed over my planter(7'x43"x24") which is basically a fence structure. He said that wasn't enough.

This conversation was held in view with all in the water and my hope was that the right people got the message.

Batman, your idea above is what I told my wife I was going to do except I was going to picnic on state senators' properties until they decide to make some changes in getting trespass charges to stick.

I am from NE and our trespassing laws are weak in the fact that one has to have signs posted NO TRESSPASSING in order for charges to be pressed for a first time violator. If one is trespassing on property that is not posted the person will not be cited but given a written warning and the next time on same property without permission they would be cited for trespassing.

 

[tooln]

Sounds like a junk yard dog on a long chain is in order.

 

[wiscwhip]

I would agree stu, something just doesn't add up there. The thing is, he could have thought he was reading the law to the letter, it seems vague and open ended enough that it could be interpreted many different ways. Goofy trespass law for sure, not like that in WI at all. You go on someone else's property, you are trespassing, signs or not. My old man even kicked the county sheriff off our old place a few times back when my brother was raising he!!, told them unless they had a warrant to be on the premises, they were trespassing and he would call the State Patrol to have them removed if they didn't leave immediately.

 

[willy]

I just got off the phone with the sheriff department of the county this took place in. He basically reiterated what the deputy told me.

......because they are only accessing public property through mine and not spending time on mine besides walking on it
The only way they could write a ticket is if they were repeat offenders and were given a warning the first time. Basically nothing can be done.

I could go short of postal on the next pos crossing my property to make a point but I don't think I would get to spend anymore time at the cabin in my lifetime unless I got out early for good behavior.:)

Sounds like its a good thing that most of MN citizens don't know how worthless the tresspass laws are in their state as they could be pains in the ass and go where ever they wanted to with almost no chance of prosecution.

Evidently hunting is a bit different. I wonder how it would hold up in court for pos to go through private property to access landlocked state land. To me it sounds as long as they didn't have a gun they would be free and clear at least one time..