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Post by Woody Williams on Oct 29, 2014 20:56:25 GMT -5
Does ground have to be posted with no trespassing signs in order to charge someone with trespassing and/or hunting without permission?
Thanks,
WW
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Post by morrison on Oct 31, 2014 23:54:09 GMT -5
The property is not required to be posted (although it is recommended) to charge a person with hunting or fishing without consent of the landowner. The Indiana Code places the burden on the hunter or fisherman to have permission for the property they are hunting. In order to charge a person with trespassing, the property is required to be marked at the main entrance to the property. This may sound like the same thing (trespassing and hunting/fishing without consent) but it isn't. The activity that the person is participating in is used as the determining factor of which one applies. Since the hunter/fishermen is responsible for having permission where they are conducting the activity, the signage is not required. However, if someone is just on the property, the law requires that the person must know that they are not allowed to be there. Therefore the signs are required at the main entrance.
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