TRESPASSING

Lasivian · Jul 29, 2008

Let's all take a moment to remember that there are 2 types of trespassing.

Illegal Trespassing, where you're not allowed to go there for some vague reasons just because someone else owns the space so there is a law in place that can be enforced to keep you out, and Immoral Trespassing, for example, trespassing to commit a crime, destroy property or steal something.

Often "No Trespassing" signs are there because of the first, the second will happen regardless of what signs are in place.

Tom_in_CA · Jul 29, 2008

Lasivian, I believe the distinction you're making is that ........ just as, say, a shopping center or restaurant may be "private property". Yet you and I are still allowed be there. It's just that "permission to pass is revokable by decision of owner at any time" (or something to that effect, as is seen on the little sign on the parking lot of all shopping center entrances). So you could go there to that shopping center, and do jumping jacks and whistle dixie all day long, and not be breaking any laws (unless the owner revoked your persmission to be there).

bazinga · Jul 29, 2008

While you have spent the time to ask this question on here 6 others have already MDed the property

In all reality, the place has probably been pounded harder than you can imagine.

And for those saying to go get permission from the school board, are you kidding me?!?!? All that will do is create a law or ordinance stating that you can't hunt on any school property.

DPBOB · Jul 29, 2008

Stay out of the fenced area and GO FOR IT

Shortstack · Jul 29, 2008

Generally speaking, "No Trespassing" signs must be posted on the perimeter of the property being put off limits. If a sign is on a building, then only the building is effected. In your case, the signs are on a fence that surrounds the building, therefore, the area inside the fence is the posted area. The areas OUTSIDE of that fence is not posted. Now for the "BUT" part. But, you would give yourself some excellent insurance by talking to the school folks and getting permission to hunt the outside area, then touch base with the local law folks.
Someone mentioned that other MDers have probably hit it already. That's OK. No area is ever hunted out. The goodies may have been thinned out some, but they aren't ALL gone. I've seen some truly EXCELLENT items pulled from "hunted out" areas.

truckinbutch · Jul 30, 2008

In WV public , taxpayer funded property is just that.Trespass is satisfied if you enter private property without express written consent from the landowner regardless of signs.
WV DNR is attempting to force fencing and posting to constitute trespass but our laws do not support them.
Hunt a school for free.Have written permission to enter private land for any purpose.

relichunters · Jul 30, 2008

Well it would be public if the school was still operating. Since it's not it's abandoned.
Depending on the location, you might be alright. If there is houses in plain view of it, it's risky, but if in the woods, your best bet is to park at the rear of it, or down the street and walk to it. Remaining viewless from the road.

HOWEVER if you are caught by a person or police, they cannot arrest you (depending on state), the most they can do is give you a fine, which is unlikely. Don't try to hide in the bushes, or run away. Just chat with them, try to laugh a little, let them know your harmless, also let them know you wouldn't detect on that property again. If a cop just says "What are you doing here?" just tell him your looking for pocket change and stuff, he'll say leave most likely, and just do it. Don't mention anything about looking for historic artifacts, that is actually illegal.

watercolor · Jul 30, 2008

bscofield6 said:
While you have spent the time to ask this question on here 6 others have already MDed the property

In all reality, the place has probably been pounded harder than you can imagine.

And for those saying to go get permission from the school board, are you kidding me?!?!? All that will do is create a law or ordinance stating that you can't hunt on any school property.

Stay OUTSIDE the fenced area and go for it. . . NO PLACE is ever hunted out :wink:

SomeGuy · Jul 31, 2008

Tom_in_CA said:
Lasivian, I believe the distinction you're making is that ........ just as, say, a shopping center or restaurant may be "private property". Yet you and I are still allowed be there. It's just that "permission to pass is revokable by decision of owner at any time" (or something to that effect, as is seen on the little sign on the parking lot of all shopping center entrances). So you could go there to that shopping center, and do jumping jacks and whistle dixie all day long, and not be breaking any laws (unless the owner revoked your persmission to be there).

Tom_in_CA · Aug 1, 2008

Well now I guess that it has been shown that SOMEWHERE in the United States, there are rules about such activities, therefore the code-of-ethics require all of us to request permission to whistle dixie, or do jumping jacks "just in case there may be a rule about it" :tongue3:

The.Boomer · Aug 1, 2008

I do happen to have a law degree and the legal definition for trespass is to walk= tres, past =pass. You must cross an actual boundary as defined by the signage in order to trespass, not an imaginary one as in the property lines unless they too are clearly defined with signage. As long as the only No trespass signs are on any well defined boundary markers except the fencing youd be safe in any court. Just don't cross the fencing.

No shirt · Aug 30, 2008

Around federal properties (not schools) the fences are often placed back 10 - 30 feet. I've been stopped and questioned by the local enforcement (man they have cool looking guns) anyway I usually tell them my kid lost a ring or something and I was trying to find it. No tickets - no hassles.

Tom_in_CA · Aug 31, 2008

No-shirt, I had friend who used that line everywhere he went, if anyone took issue with where he was hunting: "my dad lost his boyscout ring here when he was a kid in the 1950s, and I'm trying to find it". It always worked, whether in cow pastures, furroughed fields, parking strips, no matter. In fact, a lot of times they'd offer to help look ::)