Ugly Hedgehog - Photography Forum
Home Active Topics Newest Pictures Search Login Register
General Chit-Chat (non-photography talk)
No Trespassing
Page <<first <prev 6 of 9 next> last>>
Jun 21, 2023 09:53:38   #
jerryc41 Loc: Catskill Mts of NY
 
SteveR wrote:
Posting "No Trespassing" signs does not give the "poster" the right to use violence. It merely means that the violator could be subject to arrest for trespassing. I have no idea where "trespassers may be shot" became legitimized in our culture. Trespassers may not be shot. They may only be shot if you are in fear of your life. Individuals are also allowed to protect their property, i.e., from burglars and thieves. However, some individual who might be on one's property to take a photo of a bridge or even to hunt could not be shot under protection of law.
Posting "No Trespassing" signs does not ... (show quote)


People have an exaggerated of idea of what rights they possess. Once the person is shot dead, it doesn't really matter to him what the law allows.

Reply
Jun 21, 2023 10:04:05   #
DirtFarmer Loc: Escaped from the NYC area, back to MA
 
SteveR wrote:
...some individual who might be on one's property to take a photo of a bridge or even to hunt could not be shot under protection of law.


That is not to say he could not be shot.
It's just that he could not be shot lawfully.

Reply
Jun 21, 2023 10:30:36   #
jerryc41 Loc: Catskill Mts of NY
 
DirtFarmer wrote:
That is not to say he could not be shot.
It's just that he could not be shot lawfully.


Small consolation to the family of the deceased. "Yeah, Bob was shot dead, but it's okay. He wasn't shot legally."

Reply
 
 
Jun 21, 2023 11:18:06   #
Linda From Maine Loc: Yakima, Washington
 
SteveR wrote:
Posting "No Trespassing" signs does not give the "poster" the right to use violence. It merely means that the violator could be subject to arrest for trespassing. I have no idea where "trespassers may be shot" became legitimized in our culture. Trespassers may not be shot. They may only be shot if you are in fear of your life. Individuals are also allowed to protect their property, i.e., from burglars and thieves. However, some individual who might be on one's property to take a photo of a bridge or even to hunt could not be shot under protection of law.
Posting "No Trespassing" signs does not ... (show quote)
Jerry and DirtFarmer echoed my point in their replies to your quote. I was speaking of the reality of some situations, not rights or laws.

Reply
Jun 21, 2023 11:20:55   #
LittleRed
 
Just curious. If the fenced strip of land has been done so for more than 10 years can the landowner in Indiana claim adverse possession on that portion of land even if it’s a public road? If so would he not be able to post the signage you describe? Also how do you determine whether the waterway under the bridge is navigable. From where I come from there are different rules/regulations on whether a waterway is navigable or non-navigable. The location Property limits on either of these waterways are usually quite different. As to the location of the high water mark of a stream it is in most times questionable with a whole slew of requirements. There is no simple answer and In a lot of cases the true determination is left up to the courts to decide. In fact a lot of the times this location can be clarified to some extent by speaking to the adjacent land owner especially if they have been in the area for a extended period of time.
Like I said, am just curious as to what is what in your neck of the woods. I know what is what where I live.

LittleRed (Ron)

Reply
Jun 21, 2023 11:30:46   #
M1911 Loc: DFW Metromess
 
jerryc41 wrote:
I saw that purple post thing in a Family Handyman email. I can't imagine that holding up in court.


It stands up in court in Texas.

Reply
Jun 21, 2023 11:33:48   #
jerryc41 Loc: Catskill Mts of NY
 
M1911 wrote:
It stands up in court in Texas.


Wow! That's scary.

Reply
 
 
Jun 21, 2023 12:15:16   #
SteveR Loc: Michigan
 
M1911 wrote:
It stands up in court in Texas.


Having watched North Woods Law, hunters are one of the biggest trespassers on wooded property. They would be familiar with the purple post laws in Texas and other states as well. Not only hunters, but lumber thieves. They'll come onto a wooded property and cut down and steal thousands of dollars worth of pine without permission.

https://easttexasland.com/what-do-purple-markings-on-fenceposts-in-texas-mean/

Reply
Jun 21, 2023 12:24:37   #
Manglesphoto Loc: 70 miles south of St.Louis
 
SteveR wrote:
Posting "No Trespassing" signs does not give the "poster" the right to use violence. It merely means that the violator could be subject to arrest for trespassing. I have no idea where "trespassers may be shot" became legitimized in our culture. Trespassers may not be shot. They may only be shot if you are in fear of your life. Individuals are also allowed to protect their property, i.e., from burglars and thieves. However, some individual who might be on one's property to take a photo of a bridge or even to hunt could not be shot under protection of law.
Posting "No Trespassing" signs does not ... (show quote)


In Missouri you must have written permission to avoid a trip to court if the property is posted, if not posted the LEO can tell you to leave but not arrest. and I believe in some counties THE Purple on fence post or trees is recognized as posted by the L.E.O.

The whole thing boils down to respecting the fence, and other people if it's fenced and don't belong to you then you have no reasonable right to cross it.

Reply
Jun 21, 2023 12:38:38   #
Manglesphoto Loc: 70 miles south of St.Louis
 
Indiana wrote:
So, I'm photographing covered bridges (91) in the state of Indiana. Many bridges in rural areas have property owner fencing adjacent to the roadway with no trespassing signage in clear view. There intent is obvious...stay the hell off my property. But here is the thing; there is a ten foot right of way on both sides of the road, and they are eliminating access with their fencing. The dilemma: obey the signage, or assert your right to public access. To get to the waterway to photograph the bridge, I need access. I assert my rights. Additionally, some prohibit access to the waterway the same way...but here is the thing, they do not own to the shore line, only to the high water mark, which is defined by flooding. Knowing the law, I assess the situation and determine how bad I want that waterway view of the covered bridge, and act accordingly. I know the law, and I know my rights...but, I don't know the hostility that could come down on my head. I take a pocket full of money, and if necessary, I'll buy my way out of hostility, and I walk away with the shot! Got to have guts, determination, and a clear view of what you are doing. Navigable streams are owned by the state. Having fun but being cautious also. Get the shot!
So, I'm photographing covered bridges (91) in the ... (show quote)


Knowing the law don't help you a bit if you are DEAD!!

Reply
Jun 21, 2023 12:40:18   #
Longshadow Loc: Audubon, PA, United States
 
Linda From Maine wrote:
Jerry and DirtFarmer echoed my point in their replies to your quote. I was speaking of the reality of some situations, not rights or laws.


Reply
 
 
Jun 21, 2023 12:41:04   #
Longshadow Loc: Audubon, PA, United States
 
Manglesphoto wrote:
...
...
The whole thing boils down to respecting the fence, and other people if it's fenced and don't belong to you then you have no reasonable right to cross it.


Reply
Jun 21, 2023 12:55:04   #
jerryc41 Loc: Catskill Mts of NY
 
Manglesphoto wrote:
THE Purple on fence post or trees is recognized as posted by the L.E.O.


But does everyone in the USA know?

Reply
Jun 21, 2023 13:16:40   #
Stephan G
 
Indiana wrote:
not
You can not fence a county right-a-way. A right-a-way is 20" front the center of the county road. ...


-"- inch

-'- foot

Even here we have to keep in mind symbology.

Favorite phrase from [the State of] Indiana: "You can't get there from here."


Reply
Jun 21, 2023 14:38:13   #
clint f. Loc: Priest Lake Idaho, Spokane Wa
 
jerryc41 wrote:
Wow! That's scary.


Why is it scary? It has been the rule since before your great grand father was born. Imagine the cost of having to post signs every hundred feet around a 2,000 acre ranch.

Reply
Page <<first <prev 6 of 9 next> last>>
If you want to reply, then register here. Registration is free and your account is created instantly, so you can post right away.
General Chit-Chat (non-photography talk)
UglyHedgehog.com - Forum
Copyright 2011-2024 Ugly Hedgehog, Inc.