private property

[JLW]

So went out new years eve and glassed up some deer and wanted to get a better angle as they were moving into a draw. so I go down the road , I can see the road I want to get on and go through a ranchers gate the sign read "Please Close the Gate" so I go through and close it. the road splits I head straight so I can make sure of the road. another gate same thing. the next gate is locked so I glass a little and decide to go back and take the split to the right. another gate. go up on the flat the road led up to and it dead ends and the road I want is right there. I look for a gate and there is none. there are cattle everywhere. so I go back down and the ranchers kid.. maybe 20yrs old blocks the gate with his truck. then the dad comes and the kid proceeds to tell me this is private property I said the sign on all the gates said to keep them closed and I did. the dad gets out and starts yelling call the sheriff and yelling at me this is private property and what was I doing on his property! He said " you went through several gates to get here!" I said it isn't posted private property! I calm myself cause I'm gonna do something I regret! I said sir if I had known this was private I would not have came through here!" He finally settles down and apologizes and they "let me go"! If I had more time to fill my archery tag I would have went with get the sheriff here!

I know I was in the right and he was kinda holding me hostage! I don't want to cause problems for other hunters but that guy is a jerk! By law it has to be posted Private property with like 2" letters every 100yds or 200yds or so. Not 1 sign did I see. The road is off Dugas rd just at the mail boxes while still on pavement go south at the mail boxes maybe 2 miles from the highway. I should have took pics but wanted to go find some deer! To top it off someone spotted the deer I was watching the weeks leading up to now and got out and stalked them not 200yds from where I was glassing and the buck ran right in front of me at 40yds!

Oh well live and learn!

 

James

[firstcoueswas80]

That would get interesting for sure.... The best thing you can do is know the law, and hold your ground. Dont let them bully you, by what your story says you were in the right.

 

Every gate must be marked, and the fence every 1/4 mile. If it is not properly marked, you are not trespassing but must leave when they ask you to. Stand your ground and wait for the sheriff next time. They need to learn that they cant do that crap!!

[billrquimby]

I found this on the internet. Previously, I'd mistakenly thought the signs had to be every 300 feet around the perimeter of the property. Instead, it is 440 yards. Never heard of the orange paint thing. Bill Quimby

 

 

ARIZONA: Hunters are permitted to enter onto land unless lawfully posted. Signs must be at least eight inches by eleven inches with plainly legible wording in capital and bold-faced lettering at least one inch high. The sign must have the words "no hunting", "no trapping" or "no fishing" either as a single phrase or in any combination. The signs must be conspicuously placed on a structure or post at least four feet above ground level at all points of vehicular access, at all property or fence corners and at intervals of not more than one-quarter mile along the property boundary. A sign with one hundred square inches or more of orange paint may serve as the interval notices between property or fence corners and points of vehicular access. The orange paint shall be clearly visible and shall cover the entire above ground surface of the post facing outward and on both lateral sides from the closed area.

[Elkhunter1]

I found this on the internet. Previously, I'd mistakenly thought the signs had to be every 300 feet around the perimeter of the property. Instead, it is 440 yards. Never heard of the orange paint thing. Bill Quimby

 

 

ARIZONA: Hunters are permitted to enter onto land unless lawfully posted. Signs must be at least eight inches by eleven inches with plainly legible wording in capital and bold-faced lettering at least one inch high. The sign must have the words "no hunting", "no trapping" or "no fishing" either as a single phrase or in any combination. The signs must be conspicuously placed on a structure or post at least four feet above ground level at all points of vehicular access, at all property or fence corners and at intervals of not more than one-quarter mile along the property boundary. A sign with one hundred square inches or more of orange paint may serve as the interval notices between property or fence corners and points of vehicular access. The orange paint shall be clearly visible and shall cover the entire above ground surface of the post facing outward and on both lateral sides from the closed area.

 

Bill i didn't know about the orange paint either, but the rest I did know. Several years ago I was hunting in an area that was also not posted. I was however on National Forest about 60 yrds outside of private property when two ranch hands on horseback road up with guns drawn telling me I was under arrest for trespassing and the sheriff was on the way. As we waited for the deputy I tried to advise them they were in the wrong and I had a BLM map in by pack. I also told them if they left now there would be no problems. When the deputy arrived I explained to him where we were and showed him the map. I also showed him my Corrections badge and stated that I wanted both ranch hands arrested for aggravated assault as they both pointed their 45's at me. Moral of the story is; KNOW WHERE YOU ARE AND BE ABLE TO PROVE IT WHEN THE @#it hits the fan!!!

[huntin4...]

I think there are two different types of trespass laws in the state. The one everyone is referring to is for hunting on private property. If it is not posted properly with signs or orange posts every 1/4 mile then you won't get in trouble for hunting. I don't think the same requirements for signs apply to being cited for trespassing. The property still has to be posted but not at the 1/4 mile intervals required for no hunting. I know a guy who had shoot a deer on private property and the owner was mad and called the g&f for him hunting on private property. There was a private property sign about a 1/2 mile away that could have been seen if you had come into the area from the other direction, but he came in from the other way and did not see any signs. The g&f cited him for trespassing but he got to keep the deer. If I remember right it was a $90 ticket and he plead no contest because he said it would cost him more to drive back to the county he was in to fight the citation.

 

 

[JLW]

I think there are two different types of trespass laws in the state. The one everyone is referring to is for hunting on private property. If it is not posted properly with signs or orange posts every 1/4 mile then you won't get in trouble for hunting. I don't think the same requirements for signs apply to being cited for trespassing. The property still has to be posted but not at the 1/4 mile intervals required for no hunting. I know a guy who had shoot a deer on private property and the owner was mad and called the g&f for him hunting on private property. There was a private property sign about a 1/2 mile away that could have been seen if you had come into the area from the other direction, but he came in from the other way and did not see any signs. The g&f cited him for trespassing but he got to keep the deer. If I remember right it was a $90 ticket and he plead no contest because he said it would cost him more to drive back to the county he was in to fight the citation.

I drove through the main gate and there was no sign just please close the gate. and none on the 3 gates after that. Just post it if you don't want anyone on your property!

 

james

[SHREK]

I just ran into a rancher in 20b who was stringing up new barbed wire. He said that game and fish chewed his butt after he ran off a hunter from his property. Rancher said game and fish was mad that the rancher disrupted someone's hunt. Obviously only half the story but it clearly didn't sit well with the rancher.

[huntin4...]

I think there are two different types of trespass laws in the state. The one everyone is referring to is for hunting on private property. If it is not posted properly with signs or orange posts every 1/4 mile then you won't get in trouble for hunting. I don't think the same requirements for signs apply to being cited for trespassing. The property still has to be posted but not at the 1/4 mile intervals required for no hunting. I know a guy who had shoot a deer on private property and the owner was mad and called the g&f for him hunting on private property. There was a private property sign about a 1/2 mile away that could have been seen if you had come into the area from the other direction, but he came in from the other way and did not see any signs. The g&f cited him for trespassing but he got to keep the deer. If I remember right it was a $90 ticket and he plead no contest because he said it would cost him more to drive back to the county he was in to fight the citation.

I drove through the main gate and there was no sign just please close the gate. and none on the 3 gates after that. Just post it if you don't want anyone on your property!

 

james

 

I'm not saying you trespassed and if they didn't want anyone one in there they should have it posted on the gates. Then again you might not have even been on private land (something to think about). How I read your post was they were mad about your trespassing and not you hunting. I was just trying to point out there might be a differance between the posting for no hunting vs. trespassing.

[ThomC]

I believe that if private property is not posted but the land owner says to leave then you have been notified and must leave. He cant point guns or block you from leaving.

[200"mulie]

Ya my dad works for the U of A....and says even if you do go onto private property (even if it is posted) then they can only ask you to leave, then if the sherriff gets called out they ask you to leave, if you still dont then your in trouble.

 

But if there is a no trespassing sign that has an A.R.S. # on it you will be in trouble.....that sign is your only warning.

 

Im not going to test it though...if it says private property/no trespassing then i stay out.

[JLW]

I think there are two different types of trespass laws in the state. The one everyone is referring to is for hunting on private property. If it is not posted properly with signs or orange posts every 1/4 mile then you won't get in trouble for hunting. I don't think the same requirements for signs apply to being cited for trespassing. The property still has to be posted but not at the 1/4 mile intervals required for no hunting. I know a guy who had shoot a deer on private property and the owner was mad and called the g&f for him hunting on private property. There was a private property sign about a 1/2 mile away that could have been seen if you had come into the area from the other direction, but he came in from the other way and did not see any signs. The g&f cited him for trespassing but he got to keep the deer. If I remember right it was a $90 ticket and he plead no contest because he said it would cost him more to drive back to the county he was in to fight the citation.

I drove through the main gate and there was no sign just please close the gate. and none on the 3 gates after that. Just post it if you don't want anyone on your property!

 

james

 

I'm not saying you trespassed and if they didn't want anyone one in there they should have it posted on the gates. Then again you might not have even been on private land (something to think about). How I read your post was they were mad about your trespassing and not you hunting. I was just trying to point out there might be a differance between the posting for no hunting vs. trespassing.

ahh I got ya!

[Guest Del]

I know of some ranchers who lease state/public land and patrol it and act as if it is their land. I had to leave once because I thought it could get ugly if I argued anymore. It's still public. Are you sure it was actually private? I bought a map which showed in detail where private land was. Next time I went in there I sent a letter to the ranch and told them where and when I'd be just in case.

[AZLance]

You can go to the State Land department office in Phoenix and get custom maps printed for cheap, and they can show what the land ownership is. this way you will be able to see on a topo map where the private /public land boundaries are. This really opened my eyes, to areas I thought were private, but were actually public.

I think the rate, last time I was there was a $7 set up fee, and then it was like $6 a map, you can also choose how far you want the map zoomed in or out... The folks up there were very nice and sat down at a computer with me and found out what I wanted on the map and then printed it right there.

[JLW]

You can go to the State Land department office in Phoenix and get custom maps printed for cheap, and they can show what the land ownership is. this way you will be able to see on a topo map where the private /public land boundaries are. This really opened my eyes, to areas I thought were private, but were actually public.

I think the rate, last time I was there was a $7 set up fee, and then it was like $6 a map, you can also choose how far you want the map zoomed in or out... The folks up there were very nice and sat down at a computer with me and found out what I wanted on the map and then printed it right there.

nice!

thanks for that info, I'll check that out!

 

james

[BML]

You can go to the State Land department office in Phoenix and get custom maps printed for cheap, and they can show what the land ownership is. this way you will be able to see on a topo map where the private /public land boundaries are. This really opened my eyes, to areas I thought were private, but were actually public.

I think the rate, last time I was there was a $7 set up fee, and then it was like $6 a map, you can also choose how far you want the map zoomed in or out... The folks up there were very nice and sat down at a computer with me and found out what I wanted on the map and then printed it right there.

 

That's great info!!