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Important

That sucks Aaron, thoughts and prayers to his family.
 
Our condolences also, Aaron.
 
have a buddy in a weird situation...looking for some outside thoughts...

basically he was hunting in south dakota for geese and obtained permission to hunt the private land from the landowner. during his hunt, he was confronted by the person who leases the land. he had no clue that someone had a lease on it, nor did the owner give any sort of indication that anyone was leasing it. the guy got heated fast and basically tackled my buddy, gave him a few shoves and from the sounds of it, maybe even landed a punch or two. i know there was no way in hell that my buddy would have done anything to provoke physical fighting, in fact, he would have been the first to avoid it at all costs. he is very level headed and not a fighter at all. so on top of being assaulted, the leaser also called the sheriff and hit him with a trespassing ticket...if you were in this situation, how would you approach it? i told him he should consult a lawyer and pursue assault charges on top of getting the trespassing ticket overturned. he never threw a punch, nor attempted to fight back...the guy was a total bully...

i've had situations like this present themselves where a lease holder got pissed off when he found us hunting his land. however, we also had permission from the land owner (in most midwestern states, unless it is added into the contract, the landowner surrenders hunting rights to a property when they lease it to someone else for any purpose). fortunately, i'm a huge guy and i was with 3 other huge guys when the jerk who came after us jumped out of his truck and started screaming bloody murder. i understand being angry, but give people a chance to leave peacefully. these days, its nearly impossible to tell who owns/leases property and mistakes are easy to make. its not okay to become physically aggressive in these situations....

sorry for the long rant...im kind of grumpy about this...my buddy is a great guy and contemplating hanging it up for the year because of this
 
Sounds like he needs to suck up his trespassing ticket and move on. You said it yourself, the leasee has the rights to the land.

There's three sides to every story. Your buddy's side, the other guy's side and the truth. It's going to cost a lot of money to make your buddy's side equal the truth.
 
If it's not in the lease that the owner surrenders hunting privileges, I'd say he has a good chance at getting it over turned if the land owner backs him up for having permission.
 
This used to bother me a bit back when I used to pheasant hunt alot. We always got owners permission, but if you walking thru a leaser's corn field he paid money to plant on, well? Never had issues or a confrontation. But it was always in the back of my mind.
 
RedHeep said:
Sounds like he needs to suck up his trespassing ticket and move on. You said it yourself, the leasee has the rights to the land.

There's three sides to every story. Your buddy's side, the other guy's side and the truth. It's going to cost a lot of money to make your buddy's side equal the truth.
Click to expand...

he can easily appeal the trespassing ticket and get it thrown out by getting the land owner involved...thats not what gets me

the problem i have is the physical contact...we all have buddies who we believe and buddies that we take with a grain of salt, we all have the one buddy you would trust with your life and money. this guy is the straightest of the straight, i would put all the money i have in the world on his side of the story. i have a lot of buddies who i would say exactly what you are saying to them, however because its this particular buddy that's why it bugs me so much about it. i just wish i would have been there...not that i would have stood up to the guy at all, but being outnumbered and having someone there who was bigger than 5' 9" 160lbs probably would have at least made the guy think twice about picking a fight...
 
nick86 said:
This used to bother me a bit back when I used to pheasant hunt alot. We always got owners permission, but if you walking thru a leaser's corn field he paid money to plant on, well? Never had issues or a confrontation. But it was always in the back of my mind.
Click to expand...

yeah...its always a weird issue, and two different officers will tell you different things...but the law unfortunately leans towards the lease holder...

BUT...if there is no paper contract of ANY sort and the lease is cash under the table, then the person leasing the land has NO rights. its just something that is even touchy to bring up to farmers because they might not be honest about a lease depending on who is leasing it or how...i've even had landowners tell me that their ground was not leased, but the guys that paid cash to farm it might have something to the contrary to say if they found you hunting out there...
 
Sounds like your buddy should have pressed charges when the officer was there handing the ticket and worried about the ticket later.

I don't know what the limitations are of filing assault charges.
 
XJosh95 said:
Sounds like your buddy should have pressed charges when the officer was there handing the ticket and worried about the ticket later.

I don't know what the limitations are of filing assault charges.
Click to expand...

thats what i told him too, but hes a pretty passive guy...i think he was embarrassed and trying to get out of there.

edit...statute of limitations for assault in south dakota is 1 year
 
I never assume that a 5'9 160 lb guy is a pushover. I've seen guys that size wreck people who were twice as big.

I know you're trying to be unbiased and it's commendable. You also know that confrontations are rarely the result of one guy jumping out of his truck throwing punches.
 
altrocker1 said:
he can easily appeal the trespassing ticket and get it thrown out by getting the land owner involved...thats not what gets me

the problem i have is the physical contact...we all have buddies who we believe and buddies that we take with a grain of salt, we all have the one buddy you would trust with your life and money. this guy is the straightest of the straight, i would put all the money i have in the world on his side of the story. i have a lot of buddies who i would say exactly what you are saying to them, however because its this particular buddy that's why it bugs me so much about it. i just wish i would have been there...not that i would have stood up to the guy at all, but being outnumbered and having someone there who was bigger than 5' 9" 160lbs probably would have at least made the guy think twice about picking a fight...
Click to expand...
I'm not sure your stature has anything to do with it. I am only 5-10, maybe 180 pounds. I am not aggresive & never started a fight. But I have never lost a fight that someone else started. I can flip the a$$ whooping switch on at will. I prefer to keep it turned off.
 
nick86 said:
I'm not sure your stature has anything to do with it. I am only 5-10, maybe 180 pounds. I am not aggresive & never started a fight. But I have never lost a fight that someone else started. I can flip the a$$ whooping switch on at will. I prefer to keep it turned off.
Click to expand...

i only say that because, i've actually never had an altercation turn physical and i've encountered some people who were very aggressive/drunk/stupid/belligerent in my day. even crazies in nyc and chicago have crossed my paths while i was there...the last time i remember punching someone or getting punched was in 5th grade, which was 21 years ago lol i am pretty sure its due to both my size and demeanor...

and redheep, i certainly don't disagree with you at all...but i do also know that waterfowl hunting is one of the most ego driven, territorial sports out there. my guess is that the guy who was leasing the ground had either had problems in the past with tresspassing, or he was subleasing the ground to someone paying him good money. i've had other waterfowlers threaten me physically when hunting on public land (showed up early to hunt a spot and had someone move in at the last minute before legal hunting hours, then threatened me physically when i wasn't letting birds work into him...but it was not worth my physical well being to attempt to confront someone i knew was holding a 12 gauge in his hands)...

basically i told him at the very least that a legal consultation and a talk with the county sheriff's office are free and before he just lets it go, he should at least talk to someone about what his options would be
 
The bottom line is, was he right or wrong for being on the property? Who knows. Was he right about not fighting back? Prolly if he is as passive as you say he is. Would the outcome had been alot differant if it were me, hell yes.
 
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