Property owner takes trail cam

Joined
Oct 19, 2021
Messages
12
Hi I know I’m probably not in the right spot but I’m new to this so here goes. I had a trail cam set up on the very edge of a piece of public land. It was overlooking a hay field. The owner came along took the camera but left a note saying that I could call him but he also said he had notified the police. Personally I feel like he was in the wrong but if I was trespassing it was an honest mistake. One trail cam is cheap though compared to getting involved with the police. Does anyone have advice?
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LostArra

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May 9, 2013
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If you can somehow document the camera location and why you thought it was public I wouldn't hesitate to call him. In fact I would call the police and tell them the situation. No response is almost an admission of guilt. This is an ideal use of a gps phone app like OnX or Gaia
 

The_Jim

Lil-Rokslider
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Sep 20, 2021
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Nebraska
Be an adult and call the landowner. You can call the sheriffs also before and and explain your situation before talking to the land owner.

You aren't going to go to jail because of this.
This is exactly what you need to do. Apologize if you were indeed on his ground, and get it cleared up. If he was in the wrong taking your camera be humble. Landowners deal with a lot of BS on their ground and you can't blame them for watching it close.
 
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I would call both.

If you didn't do anything wrong then why ignore it, but I had an interesting conversation with a warden one time. Someone's crossbow bolt shot thru a deer onto my property ,deer was two feet from property line fence.

In his eyes he saw it as trespassing because the bolt was a part of the hunt. So if your camera is just setup taking pictures onto property you have no permission to hunt, it could be the same thing.

I also don't know what privacy issues could technically be an issue.


I mean, what if your neighbor set a camera on his tree looking at your backyard and deck? A hayfield isn't the same as a backyard pool or anything, but it's still the same action. Putting a camera up, taking pictures onto property you have no permission to do so.
 
OP
ClarkHurst
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Oct 19, 2021
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Hey thanks for all the replies. It sounds like you all have about the same advice. I’m a young guy if you hadn’t picked up on that already so I don’t want to get even close to getting in trouble. I’ll call the guy and see what he has to say. Often sorry goes a long way and I do see the privacy issue.


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Joined
Dec 20, 2020
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449
Like others have said, call the guy, apologize and explain that your hunting app indicated it was public land (hopefully it did). Who knows, maybe he's a decent guy that you'll get along with. He's probably reacting to the dozens of poachers he's got to deal with every year, would be good to show him that most hunters are good people.
 

LostArra

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Oklahoma
I'm betting the property owner knows his lines better than onyx.
Maybe, maybe not.
But at least ClarkHurst can show why he thought it was public.

I've talked to multiple ranch owners where I elk hunt that have added OnX to their phones just to be on the same page as the hunters accessing the NF and BLM land that is scattered around and within their property.
 
Joined
Jul 23, 2020
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Hey thanks for all the replies. It sounds like you all have about the same advice. I’m a young guy if you hadn’t picked up on that already so I don’t want to get even close to getting in trouble. I’ll call the guy and see what he has to say. Often sorry goes a long way and I do see the privacy issue.


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Let us knows how it goes. Curious what the LO has to say. Maybe he'll let you hunt lol
 

danarnold

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Missouri/ and 81252
Maybe, maybe not.
But at least ClarkHurst can show why he thought it was public.

I've talked to multiple ranch owners where I elk hunt that have added OnX to their phones just to be on the same page as the hunters accessing the NF and BLM land that is scattered around and within their property.

I used to think the GPS apps were really accurate, I’ve had it proven to me otherwise recently.
I do agree with your angle for sure
 
Joined
Jan 18, 2021
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407
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Clifton Springs, NY
As mentioned I would call, he is certainly concerned about your camera being on his property or filing his property. But you never know what might turn out if it. Maybe you can build a relationship for more access points or something of the like that would benefit you.


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Fordguy

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Jun 20, 2019
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I've taken down tree stands that were on my property and left notes for the owner. Property boundaries are clearly marked and the stand was 30 yards on my side of the fence in the last case. I did give the stand back when the guy contacted me. On a related note, that guy is ended up in prison for assault/battery on an elderly woman- so I don't have to worry about him for a while. As a landowner, when strangers are on your property without your knowledge or permission it can be very unsettling. An honest mistake is one thing, deliberate trespass is another. As others have said, be ready to show why you think the land the camera was on is public, if you're wrong, take responsibility and own your actions. Be prepared to apologize, and right or wrong, be understanding and polite from beginning to end.
 

WCB

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Jun 12, 2019
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I would call both.

If you didn't do anything wrong then why ignore it, but I had an interesting conversation with a warden one time. Someone's crossbow bolt shot thru a deer onto my property ,deer was two feet from property line fence.

In his eyes he saw it as trespassing because the bolt was a part of the hunt. So if your camera is just setup taking pictures onto property you have no permission to hunt, it could be the same thing.

I also don't know what privacy issues could technically be an issue.


I mean, what if your neighbor set a camera on his tree looking at your backyard and deck? A hayfield isn't the same as a backyard pool or anything, but it's still the same action. Putting a camera up, taking pictures onto property you have no permission to do so.
There are some exceptions...but no way this would fall under trespassing. You can take pictures of basically whatever you want if you are on property that you have permission to be on or is public.

I would give the guy a call and discuss it with him. If you know where your camera was at the pictures should be able to prove that. You also may want to check the laws regarding if it is even legal in your state to leave trail cameras or "gear" in the field. I know here in MN technically you need to take everything with you.
 
Joined
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There are some exceptions...but no way this would fall under trespassing. You can take pictures of basically whatever you want if you are on property that you have permission to be on or is public.

I would give the guy a call and discuss it with him. If you know where your camera was at the pictures should be able to prove that. You also may want to check the laws regarding if it is even legal in your state to leave trail cameras or "gear" in the field. I know here in MN technically you need to take everything with you.


The question is if cameras are part of the hunt, if they are part of the hunt, then it would be hunting on property without permission.


I don't see it as it is, but I wouldn't have thought of an arrow that ends up on a different property being trespassing either.
 

cobbc03

Lil-Rokslider
Joined
Aug 12, 2020
Messages
245
I would call the landowner and have an honest conversation. For future reference, if there's a hayfield on the border of public and private, dont set a cam on the border.
 
Joined
Aug 26, 2014
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Some thoughts...questions....and advice:

Was the camera mounted on HIS tree on HIS property?

Can the property owner prove what tree he took the camera from?

*

Make the phone call and assess how the property owner sounds. If he's calm and reasonable, then go meet with him.

Be contrite and willing to make it right with him.

Assuming he's a decent guy, your honesty and sincerity will go a long way.

Be careful what you say in terms of talking more than you should.

*

If he sounds rough, mean or angry on the phone, DON'T go alone.

I would contact the C.O. or warden and carefully explain the facts. The police or deputies may not be as helpful to you.

Ask the C.O. to go with you when you meet the property owner.

A C.O. will typically try to mediate an agreeable outcome unless you were knowingly breaking the law.

And finally: If the property owner turns out to be angry and serious about pressing charges, you'll have to deal with it. BUT....if your camera wasn't mounted in his tree and he took it off the public land, you may have an argument that he had no right to take it. Stolen camera held hostage? It's possible.
 
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