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  1. #1
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    Feb 2019
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    Default Can the Landowner Hunt on Land Posted as "No Hunting"

    My question involves real estate located in the State of: Oregon. Can a landowner in Oregon still hunt on their property after posting "No Hunting". Acquaintance maintains that a landowner who post No Hunting on their property can not themselves hunt on that property.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Landowner Right Regarding Posting No Hunting

    All I’ve found is it’s been rumored to be true for a long time but I’ve found no support thst it is true.

  3. #3
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    Sep 2018
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    Default Re: Landowner Right Regarding Posting No Hunting

    Quote Quoting linbrucamp
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    My question involves real estate located in the State of: Oregon. Can a landowner in Oregon still hunt on their property after posting "No Hunting". Acquaintance maintains that a landowner who post No Hunting on their property can not themselves hunt on that property.
    That's as mythological as the Unicorn!

  4. #4
    Join Date
    Nov 2013
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    7,056

    Default Re: Landowner Right Regarding Posting No Hunting

    Posting no hunting or no fishing signs is tantamount to posting no trespassing signs. A property owner (or his invitee) cannot be prosecuted for trespass on his own land.

    2017 ORS 105.700
    Prohibiting public access to private land
    • notice requirements
    • damages

    (1) In addition to and not in lieu of any other damages that may be claimed, a plaintiff who is a landowner shall receive liquidated damages in an amount not to exceed $1,000 in any action in which the plaintiff establishes that:

    (a) The plaintiff closed the land of the plaintiff as provided in subsection (2) of this section; and

    (b) The defendant entered and remained upon the land of the plaintiff without the permission of the plaintiff.

    (2) A landowner or an agent of the landowner may close the privately owned land of the landowner by posting notice as follows:

    (a) For land through which the public has no right of way, the landowner or agent must place a notice at each outer gate and normal point of access to the land, including both sides of a body of water that crosses the land wherever the body of water intersects an outer boundary line. The notice must be placed on a post, structure or natural object in the form of a sign or a blaze of paint. If a blaze of paint is used, it must consist of at least 50 square inches of fluorescent orange paint, except that when metal fence posts are used, approximately the top six inches of the fence post must be painted. If a sign is used, the sign:

    (A) Must be no smaller than eight inches in height and 11 inches in width;

    (B) Must contain the words “Closed to Entry” or words to that effect in letters no less than one inch in height; and

    (C) Must display the name, business address and phone number, if any, of the landowner or agent of the landowner.

    (b) For land through which or along which the public has an unfenced right of way by means of a public road, the landowner or agent must place:

    (A) A conspicuous sign no closer than 30 feet from the center line of the roadway where it enters the land, containing words substantially similar to “PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT _____ MILES”; or

    (B) A sign or blaze of paint, as described in paragraph (a) of this subsection, no closer than 30 feet from the center line of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders the land, except that a blaze of paint may not be placed on posts where the public road enters the land.

    (3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon the posted land.

    (4) An award of liquidated damages under this section is not subject to ORS 31.725 (Pleading punitive damages), 31.730 (Standards for award of punitive damages) or 31.735 (Distribution of punitive damages).

    (5) Nothing in this section affects any other remedy, civil or criminal, that may be available for a trespass described in this section. [1999 c.933 1]
    It would better to post no trespassing signs according to the statute rather than posting no hunting signs.

  5. #5
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    Jul 2018
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    Default Re: Landowner Right Regarding Posting No Hunting

    Quote Quoting linbrucamp
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    Can a landowner in Oregon still hunt on their property after posting "No Hunting".
    To whom does "their" refer? Did you intend to ask whether the landowner may legally hunt on his/her property?

    Whether it is legal for the landowner to do this has nothing to do with whether the landowner has put up signs that are presumably intended to put others on notice that they are not permitted to hunt on the landowner's property.

    Quote Quoting linbrucamp
    View Post
    Acquaintance maintains that a landowner who post No Hunting on their property can not themselves hunt on that property.
    Ask "Acquaintance" to cite the law that makes it illegal.

  6. #6
    Join Date
    Jul 2010
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    8,006

    Default Re: Landowner Right Regarding Posting No Hunting

    Quote Quoting pg1067
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    To whom does "their" refer? Did you intend to ask whether the landowner may legally hunt on his/her property?
    It is abundantly clear who "their" refers to even to a layperson so someone in the legal field, such as yourself, should be able to figure it out pretty easily.

  7. #7
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    Nov 2013
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    Default Re: Landowner Right Regarding Posting No Hunting

    Quote Quoting free9man
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    It is abundantly clear who "their" refers to even to a layperson so someone in the legal field, such as yourself, should be able to figure it out pretty easily.
    But pg1067 is not interested in figuring it out or offering law that might explain what the OP is asking. He is interested in linguistic analysis so he can show the OP as being a dolt. That is his bag. He gets his jollies from making people seem as idiots and are beneath him.

  8. #8
    Join Date
    Oct 2016
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    4,301

    Default Re: Landowner Right Regarding Posting No Hunting

    The proper way to have written the sentence so it would have been clear would have been, "...a landowner who posts No Hunting on their own property can not themselves hunt on that property."

  9. #9
    Join Date
    Jul 2018
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    Default Re: Landowner Right Regarding Posting No Hunting

    Quote Quoting free9man
    View Post
    It is abundantly clear who "their" refers to
    It's only clear if one makes an assumption that the OP doesn't understand proper pronoun usage. That would be pretty insulting to the OP, so I choose not to make such an assumption.

  10. #10
    Join Date
    Nov 2013
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    7,056

    Default Re: Landowner Right Regarding Posting No Hunting

    Are you a lawyer or an English teacher? If the former, then you should feel free to make assumptions about what the OP is saying. If the latter, keep teaching proper grammar and usage of pronouns. But this is not the forum for teaching the proper use of pronouns. You should try to respond with something that, at least, points the OP in the correct direction with respect to the law.

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