Trespass law

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Trespass law

Postby rustychev » Sun Jun 21, 2009 5:30 pm

Dose any one know the law in the fallowing scenario. Hunting on a lake with a public access ramp with all of the shore but the ramp being privet land. What is the law in regards to tucking a boat up along the shore but staying in the water with both the boat and all decoys? I tried reading the SDCL and the ones I found that seam relevant are 43-17-2 43-17-29 43-17-34. Any thoughts
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Re: Trespass law

Postby Kurt » Thu Jun 25, 2009 5:45 pm

as long as you are in the water you are good to go.
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Re: Trespass law

Postby sdgr8wthnter » Tue Jun 30, 2009 6:10 pm

Could run into problems with decoy weights touching the ground that can be considerd tresspassing on certain waters.
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Re: Trespass law

Postby KDcustomcalls » Sun Jul 12, 2009 11:44 am

what the differance of the decoy weight touching the bottom and your fishing lure. no one owns the water or whats under neath it and that a fedral law.
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Re: Trespass law

Postby sdgr8wthnter » Sun Jul 12, 2009 2:22 pm

Thats not the case with some waters in SD. Ever a fishing lure is considered trespassing. As I understand it. For example west 81 the fishing isn't that big of a deal the farmer wont say anything but if you put decoys out, be prepaired for a visit.
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Re: Trespass law

Postby FowlMouthoutfitters » Tue Sep 28, 2010 8:00 pm

the farmer on highway 81 is just a complete d ickhead even the gamewarden said so. We were set up one day he comes flying in complaing that we were touching the land and that is trespassing and he is going to take us to the south dakota supreme court and blah blah... So we called the warden and he visited with both of us we both had pictures he was sayin we were like 2 inchs in water when we were saying we were in about a foot of water. What it came down to was as long as we were not touching or the boat was not touch drying shore you are as good to go the warden said. And to just pretty much ignore the azzhole farmer
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Re: Trespass law

Postby benelliboy1715 » Sun Oct 17, 2010 4:46 pm

this is also a case by case and county by county issue. Some counties, the state's attorney's office will prosecute those for having your boat over what was once private ground. Even though it's flooded, as long as the landowner owns the ground beneath you, it is considered tresspass in SOME counties. If it were me, I would find another spot and avoid any confrontation. No duck or goose is worth being charged for a crime. This state has plenty of public ground and plenty of private landowners that would allow hunters. I know the area on HWY 81 that your mentioning, my advise is to stay away.
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Re: Trespass law

Postby FowlMouthoutfitters » Tue Oct 26, 2010 4:03 pm

benelliboy1715 wrote:this is also a case by case and county by county issue. Some counties, the state's attorney's office will prosecute those for having your boat over what was once private ground. Even though it's flooded, as long as the landowner owns the ground beneath you, it is considered tresspass in SOME counties. If it were me, I would find another spot and avoid any confrontation. No duck or goose is worth being charged for a crime. This state has plenty of public ground and plenty of private landowners that would allow hunters. I know the area on HWY 81 that your mentioning, my advise is to stay away.


well thanks for the advice but the landowner can kiss my ass gamewarden says we are perfectly legal so F-him
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Re: Trespass law

Postby rookielabtrainer » Sun Oct 31, 2010 4:48 pm

we were told years ago by the davison county sheriff that we were allowed ten feet from shore when fishin the jim river, but we were kids, so...
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Re: Trespass law

Postby rookielabtrainer » Sun Oct 31, 2010 5:02 pm

also south dakota law states that any body of water in conjunction with public access (water or land-including ditches) is deemed public access. its in the laws section of website. fishing is one thing and huntins is another, so use discretion wisely. I never cross fences that a boat cant float over or around.
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Re: Trespass law

Postby rookielabtrainer » Fri Nov 12, 2010 7:27 pm

just talked to game warden, he said as long as you are in the boat its ok. but depending on states attorneys, trespassing might be you getting out and walking through the water or in extreme cases your decoy weights touching the ground. He told me it all depends were your at and every situation is different. If I can get my boat their while staying inside of it- game on.
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