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Trespassing Or Not ??

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Just now, Lunatic said:

IMO  the posting law should not exist. It just gives people an opportunity to trespass with impunity. If you are not on your own land then don't be there unless you do your homework and know the property lines. Make the trespasser responsible for knowing where he is at.

As I understand the trespass law as it is now, it actually was enacted a long time ago and was worded to be FAVORABLE to outdoorsmen. Back in the day when there was wide swaths of open land, this law granted hunters, fishermen, trappers, etc. the right to go anywhere that wasn't explicitly posted (as it does today). It opened up huge amounts of land for people to access that otherwise would not have been accessible. I once read about the history of laws like this (NJ's law isn't unique).. I forget where I read it though.

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Just now, mazzgolf said:

As I understand the trespass law as it is now, it actually was enacted a long time ago and was worded to be FAVORABLE to outdoorsmen. Back in the day when there was wide swaths of open land, this law granted hunters, fishermen, trappers, etc. the right to go anywhere that wasn't explicitly posted (as it does today). It opened up huge amounts of land for people to access that otherwise would not have been accessible. I once read about the history of laws like this (NJ's law isn't unique).. I forget where I read it though.

Your spot on. It was created to give hunters and fisherman and Trapper's more land to use. A lot of states have something similar. Some have to be posted or a certain color paint on trees etc.

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5 minutes ago, mazzgolf said:

As I understand the trespass law as it is now, it actually was enacted a long time ago and was worded to be FAVORABLE to outdoorsmen. Back in the day when there was wide swaths of open land, this law granted hunters, fishermen, trappers, etc. the right to go anywhere that wasn't explicitly posted (as it does today). It opened up huge amounts of land for people to access that otherwise would not have been accessible. I once read about the history of laws like this (NJ's law isn't unique).. I forget where I read it though.

 

1 minute ago, rgw said:

Your spot on. It was created to give hunters and fisherman and Trapper's more land to use. A lot of states have something similar. Some have to be posted or a certain color paint on trees etc.

The problem we have now is scumbags abuse it and I bet most of trespassing today is intentional.

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1 hour ago, Lunatic said:

IMO  the posting law should not exist. It just gives people an opportunity to trespass with impunity. If you are not on your own land then don't be there unless you do your homework and know the property lines. Make the trespasser responsible for knowing where he is at.

Why don't I remember ever posting that?  Must be dementia.  I do believe in NJ you don't have to post property to keep trespassers off, or prosecute..

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1 minute ago, Greybeard said:

Why don't I remember ever posting that?  Must be dementia.  I do believe in NJ you don't have to post property to keep trespassers off, or prosecute..

Well, that’s what I knew but some on here say it ain’t so, so I don’t know 

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Just now, Lunatic said:

Well, that’s what I knew but some on here say it ain’t so, so I don’t know 

I quoted mazzgolf.  That's why I didn't remember writing that.  Having to post property ended a long time ago from what I can recall.

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15 minutes ago, Greybeard said:

Having to post property ended a long time ago from what I can recall.

Read this NJ Statute 23:7-1. 

It's still the current law - that hasn't changed. For hunting, fishing, trapping, you can legally be on land not posted (I'm ignoring things like fenced properties, agricultural farmland, etc. - those things are prohibited elsewhere in the statutes). For wooded acreage - 23:7-1 says if it isn't posted, hunting and fishing and  trapping is legal unless and until you are told by the landowner you cannot be there (either verbally or by posted signage).

BTW: I confirmed all of this with a DFW CO (Officer Toppin I believe is who I talked to) when I had trespasser problems a few years ago on private property.  He confirmed what I am saying is true.

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5 minutes ago, mazzgolf said:

Read this NJ Statute 23:7-1. 

It's still the current law - that hasn't changed. For hunting, fishing, trapping, you can legally be on land not posted (I'm ignoring things like fenced properties, agricultural farmland, etc. - those things are prohibited elsewhere in the statutes). For wooded acreage - 23:7-1 says if it isn't posted, hunting and fishing and  trapping is legal unless and until you are told by the landowner you cannot be there (either verbally or by posted signage).

BTW: I confirmed all of this with a DFW CO (Officer Toppin I believe is who I talked to) when I had trespasser problems a few years ago on private property.  He confirmed what I am saying is true.

Thanks 

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Anyone know where CO #'s are posted for quick reference??  I like the idea of having one programmed into my phone.  Thanks

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58 minutes ago, Tuck said:

Anyone know where CO #'s are posted for quick reference?

The only time I've gotta COs numbers is when I've called DFW for some reason or another (I have trespasser issues, or I want to report posted signs that I think are illegal, that kind of thing) and the CO has called me back. Usually they just tell me to call them if I need help - I just save the caller ID info. They don't publish the numbers that I know of. But you could always call your local DFW office and ask if you could have the cell number of a local CO in case you need it - not sure if they give it out like that, but you could ask.

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58 minutes ago, Tuck said:

Anyone know where CO #'s are posted for quick reference??  I like the idea of having one programmed into my phone.  Thanks

You have to get them directly from the CO himself.  They are not otherwise listed or everyone would call them 24/7/365 and they aren't always on duty, of course.  Best bet if you don't have an individual CO's cell number is to call the regional enforcement office.  For Taylor Hammers, that's Clinton.  And that # is 908-735-8240.  That's the only one I store other than CO numbers as I don't hunt anywhere else in NJ.    

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And put the 24/7 DEP hotline in your phone, too - that's an important one to have: 877 927 6337 (877-WARN DEP)

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15 hours ago, NJbuckeye said:

I know this thread is like a year old but just came across it.  I used to fish this section often but sometime last spring I also was told by the landowner that he owned both sides of the river and that I was trespassing even though I was pretty sure I was on state land.  I spoke with the township and the state and they both assured me the north/west bank is owned by the state.  I have not been back to the stretch since I spoke with the landowner but was planning a return trip soon.  Just curious though, does any one who is familiar with this WMA know if the landowner on the private side now realizes he doesnt own it or am I in for another headache if I run into him?  Thanks.

Go back with this printed out and ask the "landowner" to show you how his map is different than the legal lot and block map.  That should shut him up for good.  He does own part of the left bank (looking downstream), but none of the right bank which is clearly state owned public waters. 

SBR.jpg

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And put the 24/7 DEP hotline in your phone, too - that's an important one to have: 877 927 6337 (877-WARN DEP)
This number guarantees you a return call.
The C.P.O. or the local police don't enforce the fish and wildlife laws, the town judge does. Good luck!

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Posted (edited)
6 hours ago, BCsaw said:

This number guarantees you a return call.
The C.P.O. or the local police don't enforce the fish and wildlife laws, the town judge does. Good luck!

Local police absolutely can enforce fish and wildlife laws in Title 23, just like CO's can enforce motor vehicle laws in Title 39. The violation is heard in the Court of the jurisdiction where it occurred

Edited by Bucndoe

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