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Old 10-16-2009, 08:53 AM
 
Location: Amherst, New Hampshire
56 posts, read 76,765 times
Reputation: 31

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This came up tangentially in another thread:

Quote:
Originally Posted by buck naked View Post
"Anyone who has owned a large tract of land has surely had plenty of trespassers."


it's not trespassing if the land is not posted every few feet.

In New Hampshire we have a unique expectation of access onto property owned by others that is unknown in other states. This expectation is a very New Hampshire concept, an extension of our motto "Live Free or Die". In fact, in many states, land open for public use is posted with signs that say so because the land use expectation is NO TRESPASSING.
SPACE: Statewide Program of Action to Conserve our Environment

Reading that link, and early reactions to it, were/are fascinating. Looks to be a cultural artifact, and I wanted to pull it out of that other thread for further discussion.

Here's the link again:
SPACE: Statewide Program of Action to Conserve our Environment

And for the record: I find this attitude to be far more logical and useful -- not to mention safer -- than that of other states I've lived.
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Old 10-16-2009, 09:16 AM
 
Location: New Hampshire
2,266 posts, read 4,405,209 times
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That's a pretty horrifying story there. Just terrible.

I think NH has a great, unique system deeply rooted in tradition. It doesn't seem to me like the system is often abused. In fact, I think most people aren't fully aware of the laws and so always err on the side of caution. People just exercise common sense and usually get a landowner's permission before hunting or hiking or whatever.

I'm sure there have been abuses in the past, but none that I know of. Maybe other posters here have more knowledge of these laws.
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Old 10-16-2009, 10:07 AM
Status: "More snow please" (set 11 days ago)
 
Location: Madison, WI Metro Area
15,399 posts, read 21,482,632 times
Reputation: 7806
Quote:
Originally Posted by Verseau View Post
That's a pretty horrifying story there. Just terrible.

I think NH has a great, unique system deeply rooted in tradition. It doesn't seem to me like the system is often abused. In fact, I think most people aren't fully aware of the laws and so always err on the side of caution. People just exercise common sense and usually get a landowner's permission before hunting or hiking or whatever.

I'm sure there have been abuses in the past, but none that I know of. Maybe other posters here have more knowledge of these laws.
It does generally work, but I read an article last month talking about landowners in the Ossipee Mountains posting their land due to the fact that people were trashing up the trails as well as cutting rogue trails.
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Old 10-16-2009, 10:46 AM
 
Location: Kensington NH
755 posts, read 1,754,084 times
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Quote:
It does generally work, but I read an article last month talking about landowners in the Ossipee Mountains posting their land due to the fact that people were trashing up the trails as well as cutting rogue trails.
I was just going to mention that. That said, people who do that sort of thing are the type who would ignore the signs in the first place. It's already illegal to litter and cut trails on private land...if they don't follow those, they won't follow the signs either. It is not so much an issue with the land use idea as much as it is with low life criminal attitudes.
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Old 10-16-2009, 11:30 AM
 
Location: New Hampshire
2,266 posts, read 4,405,209 times
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Yeah, I think that's true. People do the same thing to public trails. Shame though.
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Old 10-16-2009, 01:58 PM
Status: "More snow please" (set 11 days ago)
 
Location: Madison, WI Metro Area
15,399 posts, read 21,482,632 times
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Quote:
Originally Posted by Verseau View Post
Yeah, I think that's true. People do the same thing to public trails. Shame though.
If you are referring to moron ATV riders who tear up narrow hiking trails, then yes that is quite a problem. It is shame that a few inconsiderate people ruin it for those that like to be out on conservation lands.
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Old 10-17-2009, 12:11 AM
 
5 posts, read 6,441 times
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Let's say you own a tract of land in NH and post it "NO TRESSPASSING", according to state law requirements. If someone ignores your legally recognizable postings to hunt, shoot, cut trails, whatever, can you shoot them?
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Old 10-17-2009, 05:50 PM
 
Location: Central FL
1,382 posts, read 2,030,416 times
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Quote:
Originally Posted by doublecheck1 View Post
Let's say you own a tract of land in NH and post it "NO TRESSPASSING", according to state law requirements. If someone ignores your legally recognizable postings to hunt, shoot, cut trails, whatever, can you shoot them?
I don't live in NH (yet) but I highly doubt you would be within the law to shoot tresspassers in any state in the US. In fact, when I got my concealed weapons permit in FL, there were very few instances when you could use deadly force. Simple tresspass was not one of them.

The NH current use idea is so foreign from what I'm used to. I do understand the concept behind it and as long as most folks use the land with respect, it's a great idea. But of course, there are always those who want to throw trash and cut their own trails. Some people have no common decency at all (and their numbers are growing! These are the same type of folks who tell you off when you politely ask that they not ride horses or ATV's on your small farm in FL - been there, done that. You know these same people would sue you in a heartbeat if they got hurt on your property! The problem is that the laws in most states are in favor of the tresspassers having legal rights. We had to fence in our old swimming pool [built by hand in 1944] that was in the middle of our farm because it was a "constructive nuisance" and someone might be tempted to tresspass and use it and get hurt)

That Texas story shows the South at its worst. I would certainly rather have the open use mindset!

Still, I would like to think that I if I was able to purchase a little homestead of 1-5 acres, I wouldn't have people trying to hunt in my backyard or hear gunshots that seem way too close.
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Old 10-17-2009, 06:14 PM
 
Location: In a house
5,227 posts, read 5,037,725 times
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Quote:
Originally Posted by doublecheck1 View Post
Let's say you own a tract of land in NH and post it "NO TRESSPASSING", according to state law requirements. If someone ignores your legally recognizable postings to hunt, shoot, cut trails, whatever, can you shoot them?

Are you serious? Can you shoot trespassers where you live?

I like NH's law, my taxes on recreational land are very low because of the current use catagory. Of course there will be abuses & that will destroy acess for many people. Luckilly my land is in Coos county & the area sees little tourism, the locals arent generally the ones causing problems.
There are other states you can hunt & hike without permission as long as its not posted, NYS comest to mind as well as Vermont. But the landowners there are more inclined to post their land because they dont get the tax break.

Current use only provides for passive use, you cannot go cutting trails & shooting lanes, riding ATV's ect. You can hunt, hike, fish & to an extent camp.

I can, because of current use, walk out my door & hike for 20 miles more or less without seeing a no tresspassing sign.

You still have a right to toss anyone off your land if you choose. I havent ever found anyone hunting or shooting near my place. They need to be at least 100 yards away from a dwelling and you can post the area around your yard or a safe distance beyond if you want.
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Old 10-18-2009, 07:39 PM
 
1,771 posts, read 3,031,894 times
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It's also important to note that NH's "Hunter Safety" class is not the 2 hour after-work class of other states. It's a 16 hour training class with both a book/written segment and a practical/field segment. Likewise the general attitude here encourages personal responsibility- which means not trashing what isn't yours. Of course there will be a few bad apples but from my experience they are less prevalent than in other areas without that mindset.
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