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Key:
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
troy and Matt, I answered his question truthfully with my first post in this thread: In Alabama, the affected "area" remains undefined even though it is several years after a previous DCNR commissioner, a WFF director, and a DCNR enforcement section chief promised a judge that they would come up with a defintion of "area".
If the game warden sees your feeder, he may very well rely on his own discretion and declare your whole little farm as being within the affected "area". You weren't planning to hunt there were you?
If so, you need to ask for a depredation baiting permit so the game warden will turn his head while you hunt over bait but charge your neighbor with violating the law for "hunting over bait without the DCNR's permission" [btw: I can't cite that law because there ain't one]. He may very well require you to leave the deer to rot in your fields as a condition of using the permit though.
Any questions? Here's what I based my answer on: Supreme Court of Alabama March 10, 2000 Phillips v State ...Because we conclude that a conviction under 9-11-244 requires a showing that the defendant either knew or should have known that the area over which he was hunting was baited, the trial court erred in instructing the jury that Phillips could be found guilty even without proof that he baited the field or knew that the field was baited. Therefore, we remand this case for further proceedings consistent with this opinion.
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Joined: Apr 2006
Posts: 336
4 point
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4 point
Joined: Apr 2006
Posts: 336 |
I figured this might stir the pot a bit, but what would ya expect from a depraved, underhanded, selfish putz from Florida trying to keep a rightful Alabama resident from whacking his yard deer.Actually I was born and spent most of my life in Bama and the farm has been in my family for about 110 years, so I am not all carpetbagger. Putting a tower stand in your back yard 25 yards from your porch and planting a corn patch in a field has nothing to do with improving his property or managing a herd. Thats what I do on my land.It has everything to do with trying to get them in that field so he can whack them, there are darn sure no deer living on his property. Given the set up he could have a substantial impact on the population if he decides to shoot a bunch of does or young deer and every one of those deer will be coming off my property. There are also safety issues due to where he will be shooting. Call me what ya want but my opinion is 4 acres is to small to rifle hunt on. I have 4.5 acres that I own and live on and wish the people around me would say something about me hunting it. I will also shoot from my yard if the right one walks out (mature doe or a good buck). One question though, how do you own the land on all 4 sides of him? Does he have a helicopter to get in and out of his place?
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Joined: Feb 2011
Posts: 99
spike
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spike
Joined: Feb 2011
Posts: 99 |
Thats my 4 acres and I killed all 15 deer that lived on your land last year. Dont worry theres no deer left, you dont gotta spend anymore money. Would you like a backstrap?
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Joined: Aug 2010
Posts: 4,749
10 point
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10 point
Joined: Aug 2010
Posts: 4,749 |
Looks like he can hunt near his home but you can't:
220-2-.139
Hunting or Discharging a Firearm Near a Dwelling, etc.
It shall be unlawful for any person to hunt or attempt to hunt within 100 yards of any dwelling belonging to another, whether occupied or not, without the permission of the owner or lessee of said dwelling. Provided further, it shall be unlawful for any person to discharge a firearm while hunting in such a manner that any projectile strikes any dwelling or building used for human occupation, whether occupied or not, or any commercial vessel, without the permission of the owner or lessee of said dwelling, building or vessel. This regulation shall not apply to a landowner or member of his or her immediate family hunting on his or her own property provided that no projectile strikes any of the above stated property of another without the permission of the owner or lessee of said property.
Statutory Authority: 9-2-7, 9-2-8, and 9-2-12
Code of Alabama 1975
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
Keep in mind, assuming the dwelling is near the center of the 40 acres, it would be a least 220 yards from any point on the property line to the center of the 40 acres. Move the house one way or the other and there is still ample room to be in compliance with that rule in most areas of Brad's 320 ac.
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
BradB, ...So my question for the game warden is if the corn is within 50 yards of his stand, the feeder is clearly visible from his stand and I make him aware of the fact it is there, will he be legally hunting over bait even though the bait is not on his property? Without a defintion of "area" we don't know if it is legal or not: GIACCIO v. PENNSYLVANIA Supreme Court of United States Decided January 19, 1966 ... It is established that a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits or leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case. See, e. g., Lanzetta v. New Jersey, 306 U. S. 451; Baggett v. Bullitt, 377 U. S. 360. If he knows the bait is on your property to the east, so he hunts the west side of his property with the house blocking his view of the feeder, is he out of the "area"? Is an "area" 100 yds wide, 200 yds wide... (fill in the blank) yds wide? The Conservation Advisory Boards refused to make that decision when it was presented to them in a motion by one of it's own members. Bills in our legislature that would have defined an "area" have been introduced and were then allowed to die. So who knows?
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Joined: Jan 2007
Posts: 14,266 Likes: 2
Booner
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Booner
Joined: Jan 2007
Posts: 14,266 Likes: 2 |
Keep in mind, assuming the dwelling is near the center of the 40 acres, it would be a least 220 yards from any point on the property line to the center of the 40 acres. Move the house one way or the other and there is still ample room to be in compliance with that rule in most areas of Brad's 320 ac. ummm....its 4 acres he owns, not 40.
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Joined: Nov 2007
Posts: 476
4 point
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4 point
Joined: Nov 2007
Posts: 476 |
WOW just WOW Bradb all i can say is that im very happy not to have to hunt with anyone like you. i try to avoid insulting people but you make me embarrassed to be a deer hunter. i hope all of "your" deer hightail it over to his place. please stay in florida. unfortunatly i dont think the language to describe what you are is allowed on this site.
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Joined: May 2005
Posts: 1,609
8 point
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8 point
Joined: May 2005
Posts: 1,609 |
I was in a filling station the other day, and that new Alabama hunting magazine was on the counter, the headline was "how to keep your neighbor from killing YOUR deer". Or something close to that. You may need to pick up a copy..........I passed  It tickles the hockey (for the new friendlier aldeer) out of me to hear MY deer..................
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Joined: Jul 2011
Posts: 879
6 point
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6 point
Joined: Jul 2011
Posts: 879 |
if it was my 4 acres and knew you were acting like this a crow would'nt fly over it, and the deer would sneak by just peeping over the fence. if its brown its down.LOL
QDM my a$$!!!!!!!
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Joined: Nov 2004
Posts: 12,788
Booner
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Booner
Joined: Nov 2004
Posts: 12,788 |
Keep in mind, assuming the dwelling is near the center of the 40 acres, it would be a least 220 yards from any point on the property line to the center of the 40 acres. Move the house one way or the other and there is still ample room to be in compliance with that rule in most areas of Brad's 320 ac. I am pretty certain that he said '4' acres, not '40'.... Pretty big difference there ol' buddy! But, you are not one to let facts get in the way of a good arguement!!!! 
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Joined: Jan 2011
Posts: 595
4 point
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4 point
Joined: Jan 2011
Posts: 595 |
I would have to say this post has bothered me more than anything I have ever read on here! AMEN!!! I mean, seriously, someone wanting to use his own land for something he enjoys?!!!! I think the 4 acre guy vs the 320 acre guy happened here before(in the 1780's). We know how that worked out for the 320's...
I don't know nuthin', I just work here...
Ugh... Care bears...
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
Keep in mind, assuming the dwelling is near the center of the 40 acres, it would be a least 220 yards from any point on the property line to the center of the 40 acres. Move the house one way or the other and there is still ample room to be in compliance with that rule in most areas of Brad's 320 ac. I am pretty certain that he said '4' acres, not '40'.... Pretty big difference there ol' buddy! But, you are not one to let facts get in the way of a good arguement!!!! I stand corrected... and insulted. Do you feel better now? Everything I say is based on what I honestly believe to be fact unless I indicate otherwise that it is in jest. And anyone who questions my integrity with such an insult is not my "ol' buddy". That is a fact.
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Joined: Jan 2011
Posts: 7,153
14 point
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14 point
Joined: Jan 2011
Posts: 7,153 |
Maybe setting up a couple hundred yards from the property line gets them into bow range for you while they're still on your property....
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Joined: Jul 2011
Posts: 879
6 point
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6 point
Joined: Jul 2011
Posts: 879 |
yeah maybe when u shoot one on your 320 it will run and die on his 4 and you will get prosecuted whe you go retrieve it.
QDM my a$$!!!!!!!
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Joined: Sep 2006
Posts: 2,685
10 point
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10 point
Joined: Sep 2006
Posts: 2,685 |
ever think all he wants is a couple does for the freezer? what if the guy next to you had 5000 acres and thought you were stealing "his" deer? you need to stop being a crybaby and thank God your family left you with a place to hunt for FREE! I for one would love to have your problem. That's exactly what I was thinking when reading this. You fall into what I would call the GREEDY HUNTER category. The kind of guy that is usually only happy if he kills something, and is jealous of the success of others. This is the type of hunter that I work very hard to screen out, so that they don't wind up in our club.
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Joined: Feb 2007
Posts: 2,920
10 point
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10 point
Joined: Feb 2007
Posts: 2,920 |
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Joined: Feb 2010
Posts: 547
4 point
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4 point
Joined: Feb 2010
Posts: 547 |
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Joined: Dec 2004
Posts: 19,325 Likes: 1
Old Mossy Horns
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Old Mossy Horns
Joined: Dec 2004
Posts: 19,325 Likes: 1 |
"...You fall into what I would call the GREEDY HUNTER category...[/quote]
To me, he falls into that category that I call a PRICK.
If voting made any difference, they wouldn’t let us do it.-Mark Twain
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Joined: Nov 2010
Posts: 4,701
10 point
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10 point
Joined: Nov 2010
Posts: 4,701 |
BradB,
Do you even know 4 acre mans first name,he is probaly a really good guy,maybe you could have him come plant a corn field or two maybe even build you a shooting tower since you are so envious of his.we all know you fla boys cant plant anything except orange trees....but other than that 4 acre man could always buy 50 lbs of roofing nails and wallk your rds throwing nails like sowing seed.
Let them walk ...and grow them big
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