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Trespassing

hunt iowa

Life Member
Question for Blind Sow:

What is a landowner required to do to press charges and be succesful in a trespassing violation?
 
My experience has been that a name and or license number reported to the CO will take care of it. It comes down to your word against theirs but that wasn't a problem when I had some bums ticketed on our place back home. When confronted by a badge they will probably hang their heads and confess. Good luck.
 
Good question Bill, I'd like to know the answer to that myself.
Bruce
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Its hard to be successful unless you can prove you know this person was on your land. maybe set a trail came out where you think they are coming in
 
In a trespassing situation get the best information you can such as vehicle description, license plate, people, etc and then contact your local CO or sheiff's department. I know of some farmers who have gotten so ticked off that they have blocked the trespasser's vehicle from leaving until law enforcement has arrived, something that I would recommend against doing.

You must be able to identify the people who are trespassing. We (Conservation Officers) will issue citations---but---the landowner/tenent will have to appear in court if the defendant pleads not guilty. They know their property boundaries and who has/hasn't permission to be there, the officer does not.

Unfortunately sometimes the trespasser turns out to be a neigbor, or friend, and the landowner wants us to "chew butt" but not issue a citation. The landowner can do the chewing, we will not. If that is all the landowner wants--I personally will walk away from the situtation. I explain this over the phone to them at the time.

No matter if the property is posted or not, permission from the landowner/tenent in charge of the property must be given before anyone can legally go on to the property. Some states require property to be posted but Iowa does not. Some states also require hunters to have in their possession written permission from the landowner allowing access--again Iowa does not require that.

The only time a hunter can legally go onto the property without permission is to retreive legally taken game, as long as they go on the property unarmed. Some groups know this and will walk across property "looking for their animal" while in fact all they are doing is pushing deer to their friends posted on the other end of the property.

If you catch someone doing this, I'd ask to see the blood trail where it came on your property or any other sign to that nature.

Doug Clayton

State Conservation Officer
 
Thanks for the info. Blind Sow. Ditto on the blocking guys in with vehicles. I know of one situation last year that came down to guns "being drawn". It's not worth it.
 
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