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what would you do?

cowman

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Dec 5, 2014
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south of fort peck
I have a close friend in South Dakota whos a farmer and traditionally he has always granted hunting access to anyone who asks permission. He grew up hunting with his father and those are some of his fondest memories so to uphold a longstanding tradition he allows hunting on his place.

Last night I spoke to him on the phone and was surprised to hear what had happened on his land. Heres the scenario; He owns a 320 acre piece of ground adjacent to National Grasslands. This piece of ground is one of the only heavily wooded areas within 30 miles and is used only to graze cattle for 2 months out of the year. Naturally, all of the wildlife flock to this area not only for cover but also for the water which comes from a natural spring. Its truly a hunters paradise. His permission makes it an access point for hunters to the grasslands. The neighboring farms and ranches dont allow access to the grasslands through their land and the nearest access to the grasslands is many miles away. On this little piece of ground there is a private road which leads to a water tank. No public road runs through the property.

3 years ago, a fella from an unnamed southern state ( hint: they think everythings bigger down there) stopped by and asked permission to hunt that piece of ground, naturally, my friend said "sure go ahead." That was the last time my friend heard from the fella until this past weekend.

My friend drove by his place, which is about 40 miles from where he lives so he doesnt get down there all that often, and he found NO HUNTING signs posted every couple hundred yards along the perimeter. He pulled in and found a camper with plates from said unnamed southern state. He drove in a little further and found the owner, the same fella who asked permission three years earlier, erecting a corn feeder.

He approached the guy and asked him what he thought he was doing. The guy said " whats it look like Im doing" so my buddy informed him that he would have to remove the feeder. My friend then asked him if he put up the NO HUNTING signs and the fella said he had. He was informed he had to remove the signs immediately and the "Southern Gentleman" got angry telling my friend that 3 years ago they had made a deal. My friend informed him that he had only been granted permission to hunt that year and it did not include restricting access to any other hunters. Well after an expectedly heated " discussion" the " Southern Gentleman" told my friend that while he would vacate the private ground, but my friend couldnt prevent him from accessing the National Grasslands which he referred to as " His land" because there was a road there.

After the " encounter", my friend spoke to the neighbors about this fella and was informed that since the day he asked permission to hunt there, this fella had been guiding other Southern unnamed state hunters and charging them a substantial fee to do so. Noone ever questioned it because this fella told the neighbors he had my friends permission to do it and in that country people take you at your word. Further research into this fella even yielded a website where he was advertising hunting on my friends land complete with pictures.

This Southern Gentleman was originally only granted permission to hunt for that one year, not to set up a business and certainly not deny access to the public. So my friend asked me what I would do. He doesnt want to disallow hunting access to respectful hunters but he does feel violated and taken advantage of. He would also prefer not getting South Dakota Game and Fish involved due to prior disagreements with them ( not disputes over broken laws but rather their inappropriate behavior towards guest hunters of his).

If it were me I know what I would do but Im curious as to what other hunters think, perhaps one of you might have a suggestion that either of us hasnt thought of.
 
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Wow, what a scenario.

My first thought would be a necessity to get Fish and Game involved to allow them to look into prosecution for laws broken ( Illegal guiding ).

Always love a good Texan corn flinger post - No offense NHY
 
Wow. That is takes things to a much higher level. Not sure what I would do. I would probably notify the County Sheriff so that a record exists as to what this screwball did. And if that is a private road, I would instruct the squatter that he was not allowed to use that private road and I would tell the authorities that such instructions were give to the squatter.

Reason for such record would be that guys like this jerk usually don't follow instruction very well, especially if he sees some money in it. Odds are, he will be back, skirting around the fringe. Best your friend explain what has happened and what has been instructed, so there is no doubt.

Sorry to hear this. As they say, "No good deed goes unpunished." Hope your friend can see it as the stupid moron exception and focus on the many grateful hunters he has helped. If I was in his shoes, it would be hard for me to not have a change in attitude due to some assclown like the squatter.
 
Id have my lawyer slap him with a cease and desist order, and another letter stating that if he is found using the property or road he will be cited for defiant trespassing. Man that takes alot of gall!!! BTW how about a link to his website?


I really like the idea of getting the Fish and game involved, should be something they can charge moron for!!
 
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I would definitely get G&F involved or at a minimum the sheriff. If I remember right, in South Dakota they do not allow guided hunts on public land not to mention all the other BS that goes along with it that he did
 
That's quite a dilema. He could still grant access but only with written permission. But I would also check the area a lot more often, 40 miles isn't that far.
As for not bringing in Game and Fish they don't usually extend "inappropriate" behavior where it's not needed.
Lastly I'm not surprised at the gall of the "southern" guy. I don't even live there any more and I know there is no shortage of arrogant ***holes there. But there are also many people there who would give you the shirt off their back if you needed it.
 
When I find tresspassers on my lease the first thing I do is tell them the error of their ways while I walk around with my I-Phone taking pictures of the person, truck tags, ect. I then inform them that the second time is Felony Tresspass and that will be taken care of by the District Attorney's office. Get's their attention when you start digitally recording stuff. John
 
Not only was he out of line but it also sounds like he owes you a few bucks for charging access. You'll definitely have to get some sort of court order because he will most certainly be back with his buddies.
 
in order: takes lots of pictures including of his website (save electronically what you can) and then call my lawyer, sheriff, fish and game. after there investigation i would put a gate on the road, post "hunting by permission only" signs. then to cover all my costs and time i would sue him for what i think my efforts and materials cost
 
Yes I've dealt with guys like this. They have the nuts to argue with the law when they show. So it's not worth fighting just get the law involved let them do the fighting. It's safer for you on the legal side.
 
At the very least the Game and Fish should be notified of an Illegal outfitter operating on your friends property. Watch the website and post comments if possible telling prospective clients of this unlawful operation. See if this individual has any other property he advertises as his "own". Ask the neighboring landowners to keep an eye on the property. I would contact the neighbors when and where permission is given. Remember the majority of hunters are lawful and please don't let this slob hunter ruin it for everyone else.
 
definitely get a hold of law enforcement and get a paper trail started for future encounters with this butt hook! what a peach!
 
After he is told that he is trespassing with a witness present. Then it is considered criminal trespassing if he returns.A good point was already made TAKE PICTURES and have someone else present for your own safety.
 
Turn him in

SOUTH DAKOTA
South Dakota does not license guides or outfitters;
however, South Dakota Codified Laws Section 41-4-12
defines a hunting guide as “a person who holds him or
herself out to the public as a hunting guide and, for
compensation or remuneration, directs or provides services
to any person for the purpose of hunting any wild
animal.” This definition is needed because under
Section 41-4-13, hunting guides are prohibited from
guiding on state-owned or state-managed game
production areas, state parks, recreation areas, and
lakeside use areas, federal land leased or under agreement
to the state which is posted as a game production
area and managed for wildlife purposes, or private
land leased or under agreement with the Game, Fish
and Parks Department for the purposes of providing
public access or on highways or other public rights of
way within the state.
 
I'm from TEXAS and I think the land owner should have called the law and asked them to put the trespasser in the slammer. Then asked the game department to file charges as well. Right is right and wrong is wrong; even if you don't live in the greatest state there ever was.
 
Cowman, also consider what if some horrific accident had occurred on your friends property.........He'd have in all likelihood been responsible. This squatter put your friend at great risk conducting his outfitted hunts without any proper liability coverage.
 
Smart money would be to take pics, contact fish and game the sheriff and an attorney. However, wise move or not I would probably start off by dispensing a good old fashioned country ass whupping.
 
I think the better part of diplomacy has a person trying to remember that those from another country and foreign culture don't always interpret things the same way we do. For instance, down in the nether regions where there is an acute lack of federal, public land, some folks think the forest is actually a place where trees grow. Thus, when they hear "The Forest is closed" on national news because some stupid governor was hyping the media to get Disaster Relief funds from the feds during a "fire year", they decide not to visit and spend their tourism dollars in that state. When, in reality, what the governor meant was that some U.S. Forest *SERVICE* campgrounds were closed; not that everything west of the high plains was closed to entry.

So, when the guy who started running hunts on your friend's land mistook your friend's hospitality for an agreement to exclusive commercial use, he probably was just applying the standards used in his home country where you have to pay and/or beg to use someone's private property to hunt because there are no public lands. Their country is the biggest and best and greatest, except when it's not. Then they come north. :D

I love the old story about the Senator from one state bragging about his state when the Senator from Alaska told him he better be careful or Alaska would cut itself in half and make the other guy's state the third largest state in the union. :p
 
If it were me I know what I would do but Im curious as to what other hunters think, perhaps one of you might have a suggestion that either of us hasnt thought of.

I'd host a youth hunt on opening day on the property with the sheriff and Fish and Game present. Kids should see a poaching arrest.
 

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