# Private Property and game retrieval



## 4x4 Bronco (Sep 7, 2007)

I was just wondering how it would work if someone were to legally hit an animal on a land they were approved to hunt on and then the animal ran over to private land before it died. It would seem to me that a hunter has an obligation to retrieve that animal, but at the same time the land is private property. This is all just hypothetical I have yet to have this happen I was just curious. Are there laws saying that after you shoot an animal you have to tag it and take some or all of the animal with you? I assume there is. Then that would mean by leaving an animal who expired on private property would be similar to poaching. Now, what if the land owner wont allow that hunter to retrieve it. Is this hunter considered a poacher? Is there some legal way to recover the downed animal?


----------



## RTMC (Sep 10, 2007)

I thought I remember an incident similar to this happening in the past. I am pretty sure it is all up to the landowner whether or not he wants o grant acces to recover the animal. In the incident I was referring to, the landowner basically told the hunter to go pound sand.


----------



## bowgy (Oct 10, 2007)

o-|| This ought to be interesting.

I think it is a good question, as a landowner, or I should say married to a landowner, I have the ability to control the activities on the land, I would allow it, you would get questioned what you were doing there, but if the explination was beliveable, I would even help you haul it out. Some landowners may throw a fit and try causing all kinds of probs, so I think it would differ by landowner. You wouldn't want to do it on my neigbors land, you wouldn't get shot but after listening to him you may have prefered getting shot. :roll: 

Anyway, I would hate to see an animal go to waste so I would have no problem with someone going after a wounded animal. It would be nice if the owners were on site so you could ask first but that would not always be praticle, you need to take care of the animal before it goes to waste. Also you would want to respect the land and only go in on foot and not use atv's or trucks. Don't damage any property including fences.


----------



## Treehugnhuntr (Sep 7, 2007)

Not shooting animals close to private property is a start in how not to run into this problem. I know several people who have run into this and it ended bad most of the time. We had a guy shoot a deer a few hundred yards from our property last year. Of course it ran directly into our property. Lucky for him I didn't feel like being a dick at the time.


----------



## luv2fsh&hnt (Sep 22, 2007)

I don't have time to look up the rules and site them but if memory serves correctly the rule is if you shoot an animal on one piece of property and it subsequently dies on a piece of property owned by another the hunter is supposed to attempt to contact the landowner and attempt to gain permission to retrieve said animal if the hunter is unable to contact the landowner or the landowner denies acces the hunter is then obligated to contact fish and game and a conservation officer will attempt to negotiate access with the landowner however if the landowner still persists in denial of access the CO can enter the property to retrieve the animal.It should be noted however that if you find yourself in this situation you better be able to prove you were not tresspassing when the animal was shot ie bloodtrail or other convincing evidence because benefit of doubt belongs to the landowner in this situation and if in the CO's opinion you were trespassing not only will you not get your animal you will be cited and possibly arrested for tresspass.I would also say that this was learned through a personal experience several years ago and it is quite possible the rules have changed in the meantime.In fairness to landowners it should also be noted most of them are more than willing to allow a sportsman to retrieve a dead animal without any hassle as long as they are approached in a polite and respectful manner.The most important thing I learned from my experience is don't hunt on property boundaries unless you are acquainted with all interested parties.


----------



## bowgy (Oct 10, 2007)

We have one section that borders BLM property and I would never suggest that someone not hunt it. They have every right to hunt right up to and along my fence line.


----------



## Treehugnhuntr (Sep 7, 2007)

bowgy said:


> We have one section that borders BLM property and I would never suggest that someone not hunt it. They have every right to hunt right up to and along my fence line.


True, but is it ok for them to shoot animals with a good possibility that they will not be able to retrieve them?


----------



## bowgy (Oct 10, 2007)

It would be wise to be an accomplished marksman, to take only ethical shots, and if the bad happens and it crosses the fence then know the land owners contact info and do all that you legally can to retrieve the animal.


----------



## Poo Pie (Nov 23, 2007)

bowgy said:


> o-|| This ought to be interesting.
> 
> I think it is a good question, as a landowner, or I should say married to a landowner, I have the ability to control the activities on the land, I would allow it, you would get questioned what you were doing there, but if the explination was beliveable, I would even help you haul it out. Some landowners may throw a fit and try causing all kinds of probs, so I think it would differ by landowner. You wouldn't want to do it on my neigbors land, you wouldn't get shot but after listening to him you may have prefered getting shot. :roll:
> 
> Anyway, I would hate to see an animal go to waste so I would have no problem with someone going after a wounded animal. It would be nice if the owners were on site so you could ask first but that would not always be praticle, you need to take care of the animal before it goes to waste. Also you would want to respect the land and only go in on foot and not use atv's or trucks. Don't damage any property including fences.


+1! Great attitude Bowgy, wish there were more land-owners out there with a level head when it comes to things like this. I do not condone trespassing, and this said scenario has never happened to me but if it does and I have to talk to a land owner I hope he/she would be as approachable as you seem to be and not "choose to be a dick" at the time.


----------



## truemule (Sep 12, 2007)

I'm not exactly sure what the sure what the laws read. I had this actually happen to me this year. I shot my deer up on a ridge about 500 yards from any private land. He subsequently ran off the side of the hill and on the the back corner of what I knew to be a private lot. I had never seen anyone on it and it seemed no one was there that day either. The blood trail was heavy from the top so I knew I could prove where I had shot him. Also there were no fences or postings. (I know that doesn't matter.) I tracked the deer and he just happen to finaly lay down about 100 yards inside of the properties boundries. I decided it would be easier and faster to get off his property to drag the deer 300 yards down to the public road. As luck would have it the owner pulled up to the property as I was trying to get my deer out. Luckily he was awesome about it. I told him the story of shooting him on top and having to track him down the side until I found him on his property. He let me leave a pile of stuff on his property knowing there were bears in the area and allowed me to leave him there while I hiked back to the ATV and come down to pick it up. I shared some information about what I had seen and where him and his freind may find some more deer. We thanked each other and went on our way.

It could have been a lot worse and luckily I haven't had a bad run in with a private owner yet, and hope not to.


----------



## benjicunney (Jul 30, 2008)

I have had this happen in Colorado to me, and it was an interesting situation. In Colorado the law clearly states that if an animal is wounded on public land but subsequently dies on private land then the hunter has the right to retrieve the animal, but most drag it back over onto public land. 

I shot a four point a couple years ago and it ended up crossing onto private. I was hunting a very steep draw aboove some private land and the fourpoint came down in the junipers on the other side. I did not have the best shot, but had only one opportunity before he entered the very steep ravine and left my sight. Anyways, I ended up breaking his leg and he ran down the mountain with it flopping and hitting him :? . As he was running, I got a better shot and hit him just behind the neck. He wobbled and jumped over the fence 300 yards from where I shot him and then fell over and died about 25 yards later. I was blown away that he made it over the fence because by that time he was struggling. I felt horrible for not shooting better. Some other hunters who had paid to hunt the private land witnessed the whole thing and vouched for me. However, to attempt and drag the buck up the steep ravine it had just ran down would have taken hours and hours, so we opted to go contact the land owner and see if they would grant us access to retrieve the buck. They were nice enough, especially since they had hunters on their land, but charged us a $100 trespassing fee to drive on the land.

So thats how is reads in Colorado, I would imagine Utah is similar. I've found that the "common" landowner just want respect and consideration. Most aren't out to be ornery, they just get tired of hunters being unethical and breaking the law.


----------



## GaryFish (Sep 7, 2007)

This issue was very common when I lived in Nebraska and hunted pheasants. One of the best places to hunt is along the edge of the public access CRP fields. It is common to flush a bird, shoot it, and have it land in the cornfield adjacet to the CRP. It kind of seemed like a common understanding that those things would happen and I never found a land owner who objected to walking over to pick up a bird as long as you didn't linger or anything like that. I know that technically it is trespassing so we really should have gotten permission to retrieve the birds.


----------



## Gumbo (Sep 22, 2007)

Treehugnhuntr said:


> Not shooting animals close to private property is a start in how not to run into this problem. I know several people who have run into this and it ended bad most of the time. We had a guy shoot a deer a few hundred yards from our property last year. Of course it ran directly into our property. Lucky for him I didn't feel like being a dick at the time.


 :roll:


----------



## xxxxxxBirdDogger (Mar 7, 2008)

I hunt the near the fence line of a CWMU almost every year. The bucks come up to water on the public land, then head back to the safety of the private land where they aren't chased nearly as much. I've always set up a few hundred yards away from the fence for this very reason. I hit the last buck I shot in some muscle between his lung and spinal cord. I didn't think it possible, but the spot is there and this buck ran for a long ways before going down. He dropped after several failed attempts to cross the fence. I watched the whole scenario wondering what to do if he made it across. I guess I know the anwer now.


----------



## Treehugnhuntr (Sep 7, 2007)

Gumbo said:


> Treehugnhuntr said:
> 
> 
> > Not shooting animals close to private property is a start in how not to run into this problem. I know several people who have run into this and it ended bad most of the time. We had a guy shoot a deer a few hundred yards from our property last year. Of course it ran directly into our property. Lucky for him I didn't feel like being a dick at the time.
> ...


Explain please.


----------



## Poo Pie (Nov 23, 2007)

Sorry Tree but I felt the same way. Just because people own property does not mean they are entitled to a buffer around it where "average Joe" should not hunt. Or if Joe chooses to hunt there he has to face the lottery of wether or not you feel like being a dick at the time. 
Don't get me wrong, your property is your property but things do happen.


----------



## proutdoors (Sep 24, 2007)

Poo Pie said:


> Sorry Tree but I felt the same way. Just because people own property does not mean they are entitled to a buffer around it where "average Joe" should not hunt. Or if Joe chooses to hunt there he has to face the lottery of wether or not you feel like being a dick at the time.
> Don't get me wrong, *your property is your property* but things do happen.


I highlighted the ONLY relevant part of your post. If you don't want to run the risk of not recovering a hit animal, trees advice would good to follow.


----------



## Treehugnhuntr (Sep 7, 2007)

Poo Pie said:


> Sorry Tree but I felt the same way. Just because people own property does not mean they are entitled to a buffer around it where "average Joe" should not hunt. Or if Joe chooses to hunt there he has to face the lottery of wether or not you feel like being a dick at the time.
> Don't get me wrong, your property is your property but things do happen.


That wasn't my intention behind the words. What I am saying is that shooting an animal close to private property carries a big risk. One that I am not willing to take, because I've seen it turn out badly time and time again. I have a "friend" (used loosely)who let his son shoot a big 6 pt. elk with his bow, 200 yards from private property. What happened? You guessed it and the landowners wouldn't let him retrieve it, and it went to waste.

The "I wasn't feeling like being a dick" was a little hyperbole-ish. I actually took him down there and told him to give me a call if it would be easier to get his deer out through our property. I later called him to ask how it went and he emailed me pictures.

I've been on the other side of the coin way more than being the guy kicking out trespassers. It's a sick feeling not being able to retrieve an animal because I was unwilling to pass on something that I new had a high probability of going where I could not.


----------



## dkhntrdstn (Sep 7, 2007)

If the land owener wount let you on his land to get your game. I would call the cops and have them come out and tell them what happen and have them go with you. You have to make a try to recover that game. by doing this you cover all.But yes try to stay futher away from that land so this dont happen.


----------



## RuttCrazed (Sep 7, 2007)

If the landowner wont let you retrieve the animal can't he be cited for waste of game?

Rut


----------



## bwhntr (Sep 12, 2007)

Nope, he does not have to let you retrieve it. Tree hit it right on, you are taking that risk hunting near private property. I do think that most land owners will let you, but they don't have to. You do know how it came about to be this way, slob hunters ruining it for everybody else...cutting fences, leaving trash, poaching, etc, etc....


----------



## Poo Pie (Nov 23, 2007)

Treehugnhuntr said:


> Poo Pie said:
> 
> 
> > Sorry Tree but I felt the same way. Just because people own property does not mean they are entitled to a buffer around it where "average Joe" should not hunt. Or if Joe chooses to hunt there he has to face the lottery of wether or not you feel like being a dick at the time.
> ...


I don't take the risk either. The only time I hunt by private land- it is land owned by a family friend and entirely surrounded by BLM land.

The "I wasn't feeling like being a dick" was the part that kind of rubbed me wrong- But I was off base, I didn't know the latter part of your story, and after reading it, you sound like a very "stand-up" land owner. Props to you.


----------



## Treehugnhuntr (Sep 7, 2007)

I don't own the land, I just manage it, which could make me the even bigger dick, but it doesn't get me anywhere and I'd rather leave my hackles and my blood pressure down.


----------



## Gumbo (Sep 22, 2007)

Poo Pie said:


> The "I wasn't feeling like being a dick" was the part that kind of rubbed me wrong- But I was off base, I didn't know the latter part of your story, and after reading it, you sound like a very "stand-up" land owner. Props to you.


+1


----------



## proutdoors (Sep 24, 2007)

Gumbo said:


> Poo Pie said:
> 
> 
> > The "I wasn't feeling like being a dick" was the part that kind of rubbed me wrong- But I was off base, I didn't know the latter part of your story, and after reading it, you sound like a very "stand-up" land owner. Props to you.
> ...


There is NOTHING "stand-up" about tree! :?


----------



## Treehugnhuntr (Sep 7, 2007)

proutdoors said:


> Gumbo said:
> 
> 
> > Poo Pie said:
> ...


You're a bad man.


----------



## proutdoors (Sep 24, 2007)

Just keeping it real! 8)


----------



## 4x4 Bronco (Sep 7, 2007)

Thanks for your responses. I hope this never actually happens, but if it does hopefully the landowners are approachable and the DNR or police don't have to get involved as was stated. I was just curious what the law says we as sportsmen and women are supposed to do and what rights we have in game retrieval. These landowners don't actually own the deer on the land just the land, so it would seem that the DNR should be able to retrieve the game if needed. I just wasn't sure if that was the case.


----------



## HJB (May 22, 2008)

That's why you're supposed to carry a rope with you so when it jumps the fence and dies, you can lasou the antlers and pull it back.

Yee haw!!!


----------

