Here is a copy of my email to our local CO including his reply.
Officer XXXXXX:
I have wanted to contact you for some time to discuss a couple of enforcement issues and finally looked up your email address on the DNR
website. I'm a resident and land owner in Robinson Township in Ottawa County. Over the last 5-10 years we have had several issues with
trespassers. In most cases, after speaking to the individuals things were settled amicably with no conflict. There have been a couple of
occasions where we have called the Sheriff's Department to make a complaint and have
been told to call a CO. Unfortunately we were not able to contact a CO fast enough to make an arrest in either case.
In the past 12 months, one neighbor in particular has caused us recurring problems. This individual has operated ATVs directly past my no
trespassing signs and over newly seeded areas. Fourth of July weekend, this same neighbor and his friends fired hundreds of rounds through a .223 semi-auto at a pond surface directly toward my property (within 25-feet of my property
line). The bullets whizzed by my wife and I with many landing in our pond less than 20-feet from where we were standing. I had been out working in that area all afternoon and had heard the gun fire but didn't think anyone could be stupid enough to have such a disregard for gun safety. On both occasions I had a discussion with the neighbor who was very apologetic and convinced
me that it would never happen again. There have been other minor incidents such as brush hogging across the property line and trimming our fruit
trees. These incidents are in the past but illustrate this neighbor's attitude toward others.
This neighbor will get no more chances. What has brought me to contact you is the construction of their new 20-foot tower blind. The deer blind is
located within 10-20-feet of my property line and has a window that looks out across my property toward a recently planted food plot. I was very
uncomfortable hunting on my own land this past weekend. I feel that it is only a matter of time before more shots are fired in our direction. My
questions for you are the following:
How do you suggest that I handle this situation, especially if I should witness these people shooting across the property line, or if they
should take a deer on my property?
What is the best way to contact a conservation officer in Ottawa County?
I appreciate your advice on this matter and hope that we will not need to contact you for enforcement action.
Sincerely,
Steve Young
And his reply:
Mr. Young,
I appreciate your questions. It is a difficult thing to have to deal with unappreciative neighbors. I can give you details of the law and how your rights are protected by law, I hope this offers some insight on how you may handle any future problems that may occur. First and foremost the recreation trespass laws are designed to protect property owners from subjects who intentionally and in some cases intentionally cross property lines for the purposed of
recreating, ie.., hunting, orv use, or simply just walking thru to watch wildlife. The law states that in order for rec. trespass to be
enforced, there are certain liabilities placed on the land owner to show that the property is in fact "off limits". If your land is non-agricultural, you must have signs posted in a fashion that any reasonable person could establish that no one is to enter without
permission. Normally theses signs are the most common ones seen around lands that indicate "no hunting", or "no trespassing", and are placed
closed enough to one another so that they are clearly visible to anyone who may want to enter. If your land is agricultural, ie.., farmlands or
an area that contains livestock, then the law allows for these lands to be automatically protected against trespass, due to the burden placed on the owner to post large parcels of properties with signs.
As to the problem with the land owner building the elevated platform close to property lines, I sympathise with your concerns. Unfortunately, there is nothing in the law that prohibits a person from doing this as long as he is on his own property. It is important to note, that land that is either signed or protected from tresspassing, protects the land owner from anyone
shooting on their property, even from adjacent lands, or recovering game that may have crossed on to another's property, without first obtaining
permission from the land owner. A person who is engaged in trespassing and shoots a deer, even if that person is licensed to do so, rec. trespass laws state that the animal taken is considered to be an animal taken by unlawfull means, and subjects that person to heavy fines,
license revocation, and jail time.
I hope this offers some confidence in what state law provides for you. If you have any further questions please feel free to contact me
at my residence office: XXX-XXX-XXXX, or through our report all poaching hotline at 1-800-292-7800.
Sincerely,
XXXX XXXXX
Conservation Officer
