Tresspassing in MN law?

[MoLandOwner]

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..

Postal it would be for me!

Because if you let them walk across, then next is a 4 wheeler trail, then everyone will be in there. I would be on them like stink on shat. Then I would hinge cut the piss out of there access point!

 

[willy]

The LEO I talked to preciously just called me back with some better information and something with teeth in it.

First off he had no idea on the fence idea the other LEO told me.

He said this applies to instances of people fishing, hiking, hunting, or other outdoor uses
I need to post my property with signs that
-have at least 2" letters and state NO Trespassing
-my first and last name signed
-(phone number is suggested)
-photos if possible to prevent my word vs. their word

ON woodlands the signs need to be every 500' or closer and on tree lines/shelter belts they need to be every 1000' or closer

He recommended trail cameras in metal "steal proof" boxes to get photos.

I will be covering all those bases and will have cameras on cameras.

I didn't add in the original story that I put a trail cam up after the LEO came to get photos of pos crossing my property. The people on the boats that the trespassers went to all saw me put it up. I don't know if it helped but they didn't exit through my property when they left. They went through the neighbors.(at least the ones who were kicked off the boat they went to after they got in a big drunken brawl with the owner of the boat and his friends that came with him. I was a spectacle and made for a Jerry Springerish show.:)

Thanks to all who shared your two cents. Hopefully I will get the trespassing stopped and you won't be reading about someone going postal on a lake shore in MN.;)

I have always pressed charges for trespassing on my hunting land, no warnings and will do the same on this property. Warnings are worthless.

 

[bat man]

Even if it is not posted they can not ever come back once you tell them they are not welcome or they can get a ticket.

 

[West Branch]

Even if it is not posted they can not ever come back once you tell them they are not welcome or they can get a ticket.

I believe they changed that in 2014 to specify they may not return within one year. I saw some discussion that the change will make it easier to press charges for trespassing.

See new regulations listed here starting on page 2:
http://files.dnr.state.mn.us/rlp/regulations/hunting/2014/full_regs.pdf
Trespass • A person may not remain or return within one year to any land for outdoor recreation purposes after being personally notified not to do so by the owner, occupant or lessee

2014 MN Statute:
https://www.revisor.mn.gov/statutes/?id=609.605
(b) A person is guilty of a misdemeanor if the person intentionally:
(8) returns to the property of another within one year after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;

 

[wiscwhip]

So if I trespass on someone's place on opening day of gun season this year, all I have to do is wait until the second day the following year to trespass again without reprimand? Got it! It looks to me like landlocked DNR property in MN isn't truly landlocked after all? Stupid law.

 

[West Branch]

So if I trespass on someone's place on opening day of gun season this year, all I have to do is wait until the second day the following year to trespass again without reprimand? Got it! It looks to me like landlocked DNR property in MN isn't truly landlocked after all? Stupid law.

Yup, the only reason we don't have trouble at our place is that we are in the middle of nowhere. 30+ miles to any decent sized towns and all lakes in the area are small so we don't get the much random traffic like major lake areas do. Still some local a$$holes to deal with but we know who they are.

 

[bat man]

A certified letter every year to problem parcels seems an answer. They know the laws, and you have proof they were informed to stay off. Can not even retrieve wounded game under that scenario.

 

[willy]

Here is what the LEO emailed me today to give me the exact wording on trespassing. Hopes this helps somebody.

97B.001 TRESPASS.

Subdivision 1.Agricultural land definition.

For purposes of this section, "agricultural land" means land:

(1) that is plowed or tilled;

(2) that has standing crops or crop residues;

(3) within a maintained fence for enclosing domestic livestock;

(4) that is planted native or introduced grassland or hay land; or

(5) that is planted to short rotation woody crops as defined in section 41B.048, subdivision 4.



Subd. 1a.Outdoor recreation definition.

"Outdoor recreation" means any voluntary activity, including hunting, fishing, trapping, boating, hiking, camping, and engaging in winter sports, which is conducted primarily for the purposes of pleasure, rest, or relaxation and is dependent upon or derives its principal benefit from natural surroundings.

Subd. 2.Permission required to enter agricultural land for outdoor recreation purposes.

Except as provided in subdivisions 5 and 6, a person may not enter agricultural land for outdoor recreation purposes, without first obtaining permission of the owner, occupant, or lessee.

Subd. 3.Prohibitions after notice.

Except as provided in subdivision 6, a person may not remain on or return within one year to any land for outdoor recreation purposes after being personally notified not to do so by the owner, occupant, or lessee.

Subd. 4.Entering posted land prohibited; signs.

(a) Except as provided in subdivision 6, a person may not:

(1) enter, for outdoor recreation purposes, any land that is posted under this subdivision without first obtaining permission of the owner, occupant, or lessee; or

(2) knowingly enter, for outdoor recreation purposes, any land that is posted under this subdivision without first obtaining permission of the owner, occupant, or lessee. A person who violates this clause is subject to the penalty provided in section 97A.315, subdivision 1, paragraph (b).

(b) The owner, occupant, or lessee of private land, or an authorized manager of public land may prohibit outdoor recreation on the land by posting signs once each year that:

(1) state "no trespassing" or similar terms;

(2) display letters at least two inches high;

(3) either:

(i) are signed by the owner, occupant, lessee, or authorized manager; or

(ii) include the legible name and telephone number of the owner, occupant, lessee, or authorized manager; and

(4) either:

(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded area where boundary lines are not clear, at intervals of 500 feet or less; or

(ii) mark the primary corners of each parcel of land and access roads and trails at the point of entrance to each parcel of land except that corners only accessible through agricultural land need not be posted.

(c) A person may not erect a sign that prohibits outdoor recreation or trespassing where the person does not have a property right, title, or interest to use the land.