Colorado Fishing Forum - View Single Post - Tresspassing on private property to fish

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Old 09-21-2006, 01:02 PM   #9 (permalink)
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Join Date: Aug 2005
Posts: 184
Default Re: Tresspassing on private property to fish

Originally Posted by Mr. Ed
I agree.* Railroad Right of Way is something you don't want to mess with.* The railroad also enjoys lots of Federal priviliges and rights that you don't want to mess with.* It's kind of like getting caught for speeding on a military installation - it's a Federal offense!
Note: I check maps/related info prior to going to a location to confirm its ownership status, albeit, we are all relying on maps that are old and out of date. I have been known to check out plat maps at county courthouses to ensure I am on public land. Plus, I *always* ask permission to go onto private land or I don't go on it.

That said...

Since it's a Federal offense on federal property, what authority would need to physically come out and cite? Or is there no necessity to physically come out? Would just a phone call report suffice?

And doesn't the landowner need to show up in court? Or, at least, the landowner's agent, maybe a lawyer?

And, if that's the case, doesn't it cost at least a few (most likely more than a few) bucks, not counting lost work, for the landowner/agent to follow through with the trial?

Plus, what happens and who pays when the authorities are called, come out and noone's there to cite?

And is it just the word of the landowner or is evidence of criminal trespass necessary to prove trespass, e.g., video or photos, etc.?

All this above is separate from the procedures and penalties, etc, for DOW, if hunting/fishing is involved.

It all seems like more of a deterrence situation than an actual court situation, doesn't it?
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