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Re: Trespassing? [Re: ford150man] #2792116
04/23/19 09:27 PM
04/23/19 09:27 PM
Joined: Nov 2010
Posts: 24,761
Buc-ee’s Beach Express
leroycnbucks Offline
Freak of Nature
leroycnbucks  Offline
Freak of Nature
Joined: Nov 2010
Posts: 24,761
Buc-ee’s Beach Express
It all depends on what works for you. Or the city. Depending on who got there first to fish. I bet some Chinese investors buy the property to fish in when they come over to meet with Bill about their new lease.


Proud Army and ALNG veteran
God Bless America!
Re: Trespassing? [Re: dave260rem!] #2792117
04/23/19 09:27 PM
04/23/19 09:27 PM
Joined: Jan 2005
Posts: 23,870
Clarksville, TN /Greenville, ...
bill Offline
Freak of Nature
bill  Offline
Freak of Nature
Joined: Jan 2005
Posts: 23,870
Clarksville, TN /Greenville, ...
Originally Posted by Whild_Bill
I’d fish it 100%. Just have that document on you. If someone questions you ask for their badge and then ask for their supervisors name and number. Then finish with something like. If you horeass me again mister I’m gonna bring a suit against you and it ain’t gonna be sears sucker. Good day sir!



Horeass? Hahahaha

Originally Posted by dave260rem!
Whild Bill for supreme court! (Aldeer Gold!)



Sign me up!

Last edited by bill; 04/23/19 09:28 PM.

"Political debate: when charlatans come together to discuss their principles"
-
Bauvard
Re: Trespassing? [Re: coldtrail] #2792123
04/23/19 09:32 PM
04/23/19 09:32 PM
Joined: Feb 2017
Posts: 1,680
AL/GA
Bamaturkeykilla Offline
8 point
Bamaturkeykilla  Offline
8 point
Joined: Feb 2017
Posts: 1,680
AL/GA
Originally Posted by coldtrail
Originally Posted by jawbone
Originally Posted by coldtrail

Originally Posted by BhamFred
[quote=coldtrail]Tresspassing has to be posted. There aren't any laws I know of for fishing without permission. Go for it


Absolute fact, I'm an expert.


Oh really? Care to elaborate? Just because you've never been caught doesn't make you an expert.


Aren't y'all a fiesty bunch, just post all the fishing without permission laws and I'll declare myself a non expert. Until then I'll abstain from elaborating.


thumbup


There are two rules for success: 1. Never tell everything you know.
Re: Trespassing? [Re: Turkey] #2792127
04/23/19 09:35 PM
04/23/19 09:35 PM
Joined: Mar 2019
Posts: 2,001
North Alabama
N
NSDQ160 Offline
8 point
NSDQ160  Offline
8 point
N
Joined: Mar 2019
Posts: 2,001
North Alabama
Originally Posted by Turkey
Originally Posted by fedex
Surely not I assume that fishing will be done in the dark


Not to derail, but does anyone know where I can buy an old hand-crank telephone? I collect antiques, you know.


I may have made a fish shocker or two in the past

Re: Trespassing? [Re: Whild_Bill] #2792149
04/23/19 10:00 PM
04/23/19 10:00 PM
Joined: Jan 2017
Posts: 3,182
Chilton
P
Powpow65 Offline
10 point
Powpow65  Offline
10 point
P
Joined: Jan 2017
Posts: 3,182
Chilton
Originally Posted by Whild_Bill
Lol. I know law. This is clearly torshious innerference with ones right to personal right to enrich himself with the action to fish. Further and moreover, he clearly has a implied oral contract with the landowner before the sale of the property. He could and should record the written contract with the court. This man has the right to continue to fish without being bullied by the city just because they are now the owners when he had rights before they bought it. Cast away. Where is it I’ll rip some lips!


This sounds like solid legal advice to me. Just print this post and take it with you when you go down to the pond to be safe.

Re: Trespassing? [Re: Whild_Bill] #2792155
04/23/19 10:05 PM
04/23/19 10:05 PM
Joined: Nov 2003
Posts: 7,912
north Alabama
biglmbass Online happy
14 point
biglmbass  Online Happy
14 point
Joined: Nov 2003
Posts: 7,912
north Alabama
Originally Posted by Whild_Bill
If someone questions you ask for their badge and then ask for their supervisors name and number. Then finish with something like. If you horeass me again mister I’m gonna bring a suit against you and it ain’t gonna be sears sucker. Good day sir!


Just tell 'em the law's on your side! & you play cards with J.D. Shelnut, chief of PO-lice! So kiss my ass, you old bastard!


Originally Posted by hillmp
The left lane is for the the purpose of moving the flow of traffic forward regardless of the speed limit. If your impeding the flow of traffic get your ass in the right lane. It's really that simple...

Re: Trespassing? [Re: ford150man] #2792160
04/23/19 10:19 PM
04/23/19 10:19 PM
Joined: Dec 2010
Posts: 16,604
lat 34.09 long -86.13
metalmuncher Offline
Old Mossy Horns
metalmuncher  Offline
Old Mossy Horns
Joined: Dec 2010
Posts: 16,604
lat 34.09 long -86.13
Thanks for the info guys. I know some city property that is full of big old bucks. Since it isn't trespassing, I think I'll hunt it this next season. thumbup

Re: Trespassing? [Re: ford150man] #2792170
04/23/19 10:58 PM
04/23/19 10:58 PM
Joined: Jan 2001
Posts: 25,626
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,626
Fayetteville TN Via Selma
The truth is, since you used to have permission, the officers will probably give you the benefit of the doubt as to knowing that the city now owns it. I doubt they would write a ticket but they could if they believed you knew of this sale, or they thought you were being a butt about it. Besides, if it is like most PDs they have much greater crimes to tend to. Fish at your own peril.


Lord, please help us get our nation straightened out.
Re: Trespassing? [Re: coldtrail] #2792173
04/23/19 11:03 PM
04/23/19 11:03 PM
Joined: Jan 2001
Posts: 25,626
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,626
Fayetteville TN Via Selma
Originally Posted by coldtrail

(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

Yep, if the person denies knowing you wont get a conviction. If they walk by a sign or you have told them and have proof they can be convicted. Best thing to do is call the law and get it in a report that they know. I've been through this on both ends. The have to KNOW. If they say they thought this was so and so"s land or didnt know whose land it was it wont stick. Google is your friend too.


60 years of law enforcement on here says you don't have to see a sign to know you are on someone else's property. Judge's usually have common sense.


Lord, please help us get our nation straightened out.
Re: Trespassing? [Re: jawbone] #2792216
04/24/19 06:11 AM
04/24/19 06:11 AM
Joined: Oct 2009
Posts: 5,641
Henry county
coldtrail Offline
12 point
coldtrail  Offline
12 point
Joined: Oct 2009
Posts: 5,641
Henry county
Originally Posted by jawbone
Originally Posted by coldtrail

(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

Yep, if the person denies knowing you wont get a conviction. If they walk by a sign or you have told them and have proof they can be convicted. Best thing to do is call the law and get it in a report that they know. I've been through this on both ends. The have to KNOW. If they say they thought this was so and so"s land or didnt know whose land it was it wont stick. Google is your friend too.


60 years of law enforcement on here says you don't have to see a sign to know you are on someone else's property. Judge's usually have common sense.



If it goes to a jury "knowingly" has to be proven. A sign helps the case, if the defendant admitted it then that proves it too . We can agree to disagree, I've seen this thrown out. A guy I know said he didnt know he was on the mans property. Said he didnt realize he crossed the property line.

You can write tickets all day long, and people can just pay up and plead guilty. But the law says knowingly. If you really accidentally tresspass, you won't be found guilty.


"And the days that I keep my gratitude
Higher than my expectations
Well, I have really good days" Ray Wylie Hubbard
Re: Trespassing? [Re: ford150man] #2792243
04/24/19 07:24 AM
04/24/19 07:24 AM
Joined: Jan 2001
Posts: 25,626
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,626
Fayetteville TN Via Selma
All land in Alabama is considered Posted unless it is abandoned and not being used for some purpose. I don't know of any land in Alabama that isn't being used for some purpose be it timber, investment, or recreation. If you accidentally cross the line between your property and another's, you might not get a ticket, but if you have no land in the area, you will lose in court. In this case, the OP admits that he knows the land/pond does not belong to his friend so if he goes fishing and does not have permission to do so or the pond isn't open to the public, he is Trespassing. It doesn't get any plainer than this.


Lord, please help us get our nation straightened out.
Re: Trespassing? [Re: ford150man] #2792268
04/24/19 08:05 AM
04/24/19 08:05 AM
Joined: Jan 2011
Posts: 1,361
M
mman Offline
8 point
mman  Offline
8 point
M
Joined: Jan 2011
Posts: 1,361
I "trespass" on city property ALL the time. I don't have written permission to enter their building or walk on their streets. Just because the city owns something doesn't mean that you cannot set foot on it without written permission.

Re: Trespassing? [Re: coldtrail] #2792275
04/24/19 08:08 AM
04/24/19 08:08 AM
Joined: Dec 2010
Posts: 3,464
Madison County
bobwallace Offline
10 point
bobwallace  Offline
10 point
Joined: Dec 2010
Posts: 3,464
Madison County
Originally Posted by coldtrail
Originally Posted by jawbone
Originally Posted by coldtrail

(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

Yep, if the person denies knowing you wont get a conviction. If they walk by a sign or you have told them and have proof they can be convicted. Best thing to do is call the law and get it in a report that they know. I've been through this on both ends. The have to KNOW. If they say they thought this was so and so"s land or didnt know whose land it was it wont stick. Google is your friend too.


60 years of law enforcement on here says you don't have to see a sign to know you are on someone else's property. Judge's usually have common sense.



If it goes to a jury "knowingly" has to be proven. A sign helps the case, if the defendant admitted it then that proves it too . We can agree to disagree, I've seen this thrown out. A guy I know said he didnt know he was on the mans property. Said he didnt realize he crossed the property line.

You can write tickets all day long, and people can just pay up and plead guilty. But the law says knowingly. If you really accidentally tresspass, you won't be found guilty.



If you "know" that you do not own the property or "know" that you do not have permission from the landowner, then you "knowingly" entered upon the property without permission. It's not that damn difficult to comprehend. I wish people would quit trying to justify dumb schitt like this.


Yeah, well, I always heard there were three kinds of suns in Kansas: sunshine, sunflowers, and sons-of-bitches.
Re: Trespassing? [Re: mman] #2792282
04/24/19 08:13 AM
04/24/19 08:13 AM
Joined: Jan 2005
Posts: 33,437
Your mom’s house
doekiller Offline
Freak of Nature
doekiller  Offline
Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
Originally Posted by mman
I "trespass" on city property ALL the time. I don't have written permission to enter their building or walk on their streets. Just because the city owns something doesn't mean that you cannot set foot on it without written permission.

That is my point. If it is owned by the city, then it is open to the public unless stated otherwise by signage or a fence.

Re: Trespassing? [Re: ford150man] #2792288
04/24/19 08:26 AM
04/24/19 08:26 AM
Joined: Jan 2002
Posts: 10,484
Bham
D
Dallas County Offline
Booner
Dallas County  Offline
Booner
D
Joined: Jan 2002
Posts: 10,484
Bham
This is what is so awesome about having construction strobe lights built into my headlights/taillights. I just pull over, put on my orange safety vest, whip out my spinning rod and fish in whatever state owned retention pond I desire. Never been even looked at twice. But neither again is every Tom/Dick/Harry that pull over in the coupe deville and get out 12 cane poles and 3 five gallon buckets.


not sure what the best way to handle them is but they shouldnt be on tv and gettn married and raisin kids

Re: Trespassing? [Re: doekiller] #2792333
04/24/19 09:18 AM
04/24/19 09:18 AM
Joined: Jan 2001
Posts: 25,626
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,626
Fayetteville TN Via Selma
Originally Posted by doekiller
Originally Posted by mman
I "trespass" on city property ALL the time. I don't have written permission to enter their building or walk on their streets. Just because the city owns something doesn't mean that you cannot set foot on it without written permission.

That is my point. If it is owned by the city, then it is open to the public unless stated otherwise by signage or a fence.


Do you have a case law to back that up? I think the law is very clear and simple. As to going in city owned buildings and such, they are open to the public so and that is clear. You can't just wonder on property that isn't yours or you don't have permission to go on and not be trespassing.,


Lord, please help us get our nation straightened out.
Re: Trespassing? [Re: coldtrail] #2792420
04/24/19 10:46 AM
04/24/19 10:46 AM
Joined: Sep 2004
Posts: 36,091
alabama
BhamFred Online mad
Freak of Nature
BhamFred  Online Mad
Freak of Nature
Joined: Sep 2004
Posts: 36,091
alabama
Originally Posted by coldtrail
Tresspassing has to be posted. There aren't any laws I know of for fishing without permission. Go for it


I waited for someone to find it....so here it is: 220-2-.44(6) illegal to fish from the posted lands of another without obtaining permission from the landowner. Yer welcome.


I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....

proud Cracker-Americaan

muslims are like coyotes, only good one is a dead one
Re: Trespassing? [Re: ford150man] #2792433
04/24/19 11:02 AM
04/24/19 11:02 AM
Joined: Nov 2014
Posts: 16,486
Guntersville
AC870 Offline
Old Mossy Horns
AC870  Offline
Old Mossy Horns
Joined: Nov 2014
Posts: 16,486
Guntersville

I just pray the Lord’s Prayer:
“Forgive us our trespasses as we forgive those who trespass against us.”


“Killing tomorrow’s trophies today.”

On the distance I like to walk to my stands:
“The first 100 yards is also the last 100 yards.”
Re: Trespassing? [Re: ford150man] #2792441
04/24/19 11:19 AM
04/24/19 11:19 AM
Joined: Dec 2004
Posts: 18,758
.
F
ford150man Offline OP
Old Mossy Horns
ford150man  Offline OP
Old Mossy Horns
F
Joined: Dec 2004
Posts: 18,758
.
To make it even better, this city doesn’t have a police department so they depend on the county. Knowing the county sheriff deputies like I do, that patrol this area, probably the only reason I’d get in trouble would be because I didn’t wait on them to get off patrol before going, so they could go with me. grin


If voting made any difference, they wouldn’t let us do it.-Mark Twain
Re: Trespassing? [Re: ford150man] #2792446
04/24/19 11:29 AM
04/24/19 11:29 AM
Joined: Nov 2015
Posts: 14,049
Chilton County
M
MarksOutdoors Offline
Booner
MarksOutdoors  Offline
Booner
M
Joined: Nov 2015
Posts: 14,049
Chilton County


So......where is this pond????


"The true soldier fights not because he hates what is in front of him, but because he loves what is behind him."
-G. K. Chesterton
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