Join BayouShooter For Free

Page 2 of 3 FirstFirst 123 LastLast
Results 11 to 20 of 21
  1. #11
    Marksman

    Gold Member

    User Info Menu

    I had a friendly trespasser this spring who was nice enough to cover my camera with a glove after he shot my feeder legs.
    "When You Go Home, Tell Them Of Us And Say, For Your Tomorrow, We Gave Our's Today"

    Voting is the responsibility of a citizen, even if voting may not necessarily be obligatory. To not vote seems to me to be an abrogation of one's responsibility as a citizen, regardless of one's politics.

  2. #12
    ESSAYONS

    User Info Menu

    Is it written anywhere that a lack of signs is not a defense? I think we've got some people sneaking on our land and fishing in our stocked pond. The fence along parts of the property line has long ago fallen (been knocked?) down.

  3. #13
    Marksman

    User Info Menu

    Property owners and logging companies have been using purple paint to mark boundary lines for years.

  4. #14
    On Target

    User Info Menu

    I have the same problem with trespassers in Central. No respect or even the courtesy of asking first.
    Trespass and leave their trash, fishing line, hooks. These a/h will steal anything not chained down.
    I guess I'm going to have to make an example out of a number of them as a summer project.

    here's what I could find and all of it isn't crystal clear (signs may be used???); ymmv

    Louisiana
    Per Louisiana state law, criminal trespass can occur even if the property is not posted or fenced. Louisiana state law changed significantly in 2003, with the responsibility being put on the trespasser to realize that he or she is trespassing, rather than on the owner to inform people to keep off of his or her land. Louisiana state representative Francis Thompson, a co-author of the 2003 law, was quoted as saying “If you’re not on your own property, you’re obviously on someone else’s. So you better have permission.” The law was changed to help protect landowners from liability and fraud (such as when someone claims injury while they are trespassing), but the law makes the issue of criminal trespass very clear in most instances.

    No trespassing laws for the state of Louisiana are found in RS 14:63. The law states that no person shall enter or remain on property that they do not have written or verbal communication to be on. The definition of property and specific situations are outlined in full detail in section sixty-three. There is no exact verbiage detailing signage requirements or how it may protect property other than to say that warning can be verbal or written. Which presumably means that signage could be used. Trespassing offenses are punishable by fines and/or jail time and escalate with the number of convictions.

    https://www.lawguru.com/legal-questi...nal-848156559/
    For civil trespass the one whose property is trespassed upon has a right to sue the trespasser for damages for trespass. Just the fact that one trespasses on another's property gives rise in favor of the owner to a civil action for damages just for having his land trespassed upon, and the owner can also seek (sue for) and recover actual pecuniary damages for harm done to the property and its owner as a result of the trespass. As I understand the law of civil trespass, if you trespass on my land, even if I am not hurt in any way, you still owe me some money, just for violating my right to possession of my own property.
    On the other hand, a criminal trespass simply gives rise to a prosecution brought in the name of the state against the trespasser (the defendant) in a criminal proceeding (prosecution) to have the defendant (trespasser) found guilty of the offense (crime) of trespass, and; upon conviction, the defendant can be fined or jailed, or both. There is more to it all than this, but his the basic answer to your question. Best of luck!
    Hardy Parkerson, Atty.


    http://law.justia.com/codes/louisian...itle14/rs14-63

    2011 Louisiana Laws Revised Statutes
    TITLE 14 — Criminal law
    RS 14:63 — Criminal trespass
    Universal Citation: LA Rev Stat § 14:63
    4. CRIMINAL TRESPASS
    §63. Criminal trespass
    A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.
    B. No person shall enter upon immovable property owned by another without express, legal, or implied authorization.
    C. No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.
    D. It shall be an affirmative defense to a prosecution for a violation of Subsection A, B, or C of this Section, that the accused had express, legal, or implied authority to be in the movable or on the immovable property.
    E. The following persons may enter or remain upon the structure, watercraft, movable or immovable property, of another:
    (1) A duly commissioned law enforcement officer in the performance of his duties.
    (2) Any firefighter, whether or not a member of a volunteer or other fire department, and any employee or agent of the Louisiana Department of Agriculture and Forestry engaged in locating and suppressing a fire.
    (3) Emergency medical personnel engaged in the rendering of medical assistance to an individual.
    (4) Any federal, state or local government employee, public utility employee or agent engaged in suppressing or dealing with an emergency that presents an imminent danger to human safety or health or to the environment.
    (5) Any federal, state or local government employee, public utility employee or agent in the performance of his duties when otherwise authorized by law to enter or remain on immovable or movable property.
    (6) Any person authorized by a court of law to enter or remain on immovable property.
    (7) Any person exercising the mere right of passage to an enclosed estate, as otherwise provided by law.
    F. The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing:
    (1) A professional land surveyor or his authorized personnel, engaged in the "Practice of Land Surveying", as defined in R.S. 37:682.
    (2) A person, affiliate, employee, agent or contractor of any business which is regulated by the Louisiana Public Service Commission or by a local franchising authority or the Federal Communication Commission under the Cable Reregulation Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude or any property located on the immovable property which belongs to such a business.
    (3) Any person making a delivery, soliciting, selling any product or service, conducting a survey or poll, a real estate licensee or other person who has a legitimate reason for making a delivery, conducting business or communicating with the owner, lessee, custodian or a resident of the immovable property, and who, immediately upon entry, seeks to make the delivery, to conduct business or to conduct the communication.
    (4) An employee of the owner, lessee or custodian of the immovable property while performing his duties, functions and responsibilities in the course and scope of his employment.
    (5) The owner of domestic livestock or his employees or agents while in the process of retrieving his domestic livestock that have escaped from an area fenced to retain such domestic livestock.
    (6) The owner of a domestic animal while in the sole process of merely retrieving his domestic animal from immovable property and not having a firearm or other weapon on his person.
    (7) Any candidate for political office or any person working on behalf of a candidate for a political office.
    (8) The owner or occupant of a watercraft or vessel traveling in salt water engaged in any lawful purpose for the purpose of retrieval of his property or for obtaining assistance in an emergency situation.
    G. The following penalties shall be imposed for a violation of this Section:
    (1) For the first offense, the fine shall be not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than thirty days, or both.
    (2) For the second offense, the fine shall be not less than three hundred dollars and not more than seven hundred fifty dollars, or imprisonment for not more than ninety days, or both.
    (3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars and not more than one thousand dollars, or imprisonment for not less than sixty days and not more than six months, or both, and forfeiture to the law enforcement authority of any property seized in connection with the violation.
    (4) A person may be convicted of a second offense and any subsequent offenses regardless of whether any prior conviction involved the same structure, watercraft, movable or immovable property and regardless of the time sequence of the occurrence of the offenses.
    H. The provisions of any other law notwithstanding, owners, lessees, and custodians of structures, watercraft, movable or immovable property shall not be answerable for damages sustained by any person who enters upon the structure, watercraft, movable or immovable property without express, legal or implied authorization, or who without legal authorization, remains upon the structure, watercraft, movable or immovable property after being forbidden by the owner, or other person with authority to do so; however, the owner, lessee or custodian of the property may be answerable for damages only upon a showing that the damages sustained were the result of the intentional acts or gross negligence of the owner, lessee or custodian.
    I. A minor ten years old or younger shall not be arrested, detained or apprehended for the crime of trespass.
    Amended by Acts 1960, No. 458, §1; Acts 1964, No. 497, §1; Acts 1981, No. 78, §1, eff. Jan. 1, 1982; Acts 1990, No. 870, §1, eff. Jan. 1, 1991; Acts 1991, No. 438, §1; Acts 1993, No. 887, §1; Acts 2003, No. 279, §3; Acts 2003, No. 802, §1.



    the fact state law doesn’t require the waters to be posted against trespassing.
    Louisiana law, for example, permits police, fire, medical personnel delivering services, public employees, utility employees and others to enter private property for the specific purpose of performing their legally authorized duties.
    Posted notices in other specific colors are required in Arizona, Idaho, Louisiana, Maine, Maryland, Nevada, Tennessee, Utah, Virginia and Wisconsin.

  5. #15
    Marksman

    User Info Menu

    Quote Originally Posted by Tboy View Post
    SB18 up for discussion this week. My take away was that a purple vertical line 8”x1” or greater will be equal to a no trespass sign.

    Sounds like a neat idea for land owners etc but how will they get the word out to the trespassers?

    http://www.legis.la.gov/legis/ViewDo...aspx?d=1074451
    With the ridiculous number of laws on the books today, ignorance seems like a great excuse.

  6. #16
    Marksman

    User Info Menu

    Quote Originally Posted by Gator 45/70 View Post
    I had a friendly trespasser this spring who was nice enough to cover my camera with a glove after he shot my feeder legs.
    What kind of glove? At least you got something out of the deal.
    “You ask, what is our aim? I can answer in one word. It is victory, victory at all costs, victory in spite of all terror, victory, however long and hard the road may be; for without victory, there is no survival.”

    -Winston Churchill

  7. #17
    Marksman

    Gold Member

    User Info Menu

    Quote Originally Posted by Pas Tout La View Post
    What kind of glove? At least you got something out of the deal.
    Tan and No, He only covered the camera in order to pick up what he shot, Then he retrieved his glove....B@stard!!!
    "When You Go Home, Tell Them Of Us And Say, For Your Tomorrow, We Gave Our's Today"

    Voting is the responsibility of a citizen, even if voting may not necessarily be obligatory. To not vote seems to me to be an abrogation of one's responsibility as a citizen, regardless of one's politics.

  8. #18
    Marksman

    User Info Menu

    Quote Originally Posted by Gator 45/70 View Post
    Tan and No, He only covered the camera in order to pick up what he shot, Then he retrieved his glove....B@stard!!!
    Damn! Well..... He didn't litter. Gotta look at the bright side.
    “You ask, what is our aim? I can answer in one word. It is victory, victory at all costs, victory in spite of all terror, victory, however long and hard the road may be; for without victory, there is no survival.”

    -Winston Churchill

  9. #19
    Marksman

    Gold Member

    User Info Menu

    Quote Originally Posted by Pas Tout La View Post
    Damn! Well..... He didn't litter. Gotta look at the bright side.
    LOL, Actually someone did, Coke can and a empty bag of chips at the North east corner, I have the sheriff dept. now parking in the driveway if they want too with instructions to write tickets and tow the vehicle's if necessary, I and 1 cousin have the keys to the gate, Anyone else is trespassing.
    "When You Go Home, Tell Them Of Us And Say, For Your Tomorrow, We Gave Our's Today"

    Voting is the responsibility of a citizen, even if voting may not necessarily be obligatory. To not vote seems to me to be an abrogation of one's responsibility as a citizen, regardless of one's politics.

  10. #20
    Marksman

    User Info Menu

    Quote Originally Posted by Gator 45/70 View Post
    LOL, Actually someone did, Coke can and a empty bag of chips at the North east corner, I have the sheriff dept. now parking in the driveway if they want too with instructions to write tickets and tow the vehicle's if necessary, I and 1 cousin have the keys to the gate, Anyone else is trespassing.
    Dammit to Hell. I’m all out of positivity on this one..... Wait..... Coke can for target practice... There it is! Had to search hard for that one.

    Hopefully the cops are keeping the trespassers out. I’d get you a couple cans of purple paint just in case.
    Last edited by Pas Tout La; May 17th, 2018 at 07:43 PM.
    “You ask, what is our aim? I can answer in one word. It is victory, victory at all costs, victory in spite of all terror, victory, however long and hard the road may be; for without victory, there is no survival.”

    -Winston Churchill

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •