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#1556646 - 10/13/08 06:14 PM Can you hunt the ditch in minnesota?
Jimmy from Cottage Grove Offline
Sr FishingMN Family

Registered: 02/03/06
Posts: 413
Loc: Cottage Grove, Mn
I was down in the windom area this weekend hunting a few wma's. I thought I was told one time that you couldn't hunt the ditches in minnesota. I ran into a group of hunters at our hotel that said that all they do is drive around and hunt ditches. So I don't know who to believe.

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#1556689 - 10/13/08 06:45 PM Re: Can you hunt the ditch in minnesota? [Re: Jimmy from Cottage Grove]
AngelicFatum Offline
IceLeaders Family

Registered: 05/11/08
Posts: 175
Loc: B-town
I always thought the same thing, because in SD it is legal and they spell that out in the regs. This year I have noticed a couple of instances in the reg book where they forbade "ditch" hunting in MN, early goose for example:
"Taking geese from public roads and their rights-of-way is prohibited in the
Metro Canada Goose Zone during the early and late goose seasons."

yet I can't find if it "always" illegal.
You'd think that they would be more clear on this either way (legal/illegal) They do clearly outlaw "ditch" hunting for big game.
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#1556693 - 10/13/08 06:49 PM Re: Can you hunt the ditch in minnesota? [Re: AngelicFatum]
Jimmy from Cottage Grove Offline
Sr FishingMN Family

Registered: 02/03/06
Posts: 413
Loc: Cottage Grove, Mn
Yeah I have looked over the regs too, and can't seem to find an answer.

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#1556700 - 10/13/08 06:54 PM Re: Can you hunt the ditch in minnesota? [Re: Jimmy from Cottage Grove]
gspman Offline
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Registered: 01/03/03
Posts: 1570
Loc: Eagan, MN
I'd suggest calling the DNR and the Sheriff's office where you hunt.
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#1557124 - 10/14/08 07:00 AM Re: Can you hunt the ditch in minnesota? [Re: gspman]
LEP7MM Offline
HotSpotsOutdoors Specialist

Registered: 01/01/05
Posts: 1797
Loc: Le Sueur, MN
It depends on the area. Some ditches are an easement that the property owner still has the rights over, not the township, county or state.

From what I remember hearing in the past, there are many cases of this in the western half of the state. If you plan to hunt the ditches in an area, it's best to do a little homework to find out if you would be trespassing or not.

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#1557131 - 10/14/08 07:11 AM Re: Can you hunt the ditch in minnesota? [Re: Jimmy from Cottage Grove]
dan z Online   shocked
Sr FishingMN Family

Registered: 05/15/08
Posts: 1013
Loc: mankato minnesota
thier prolly over at talcot sitting in the ditch blinds which is legal
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#1557141 - 10/14/08 07:24 AM Re: Can you hunt the ditch in minnesota? [Re: dan z]
ac777 Offline
HotSpotOutdoors Family

Registered: 04/04/08
Posts: 263
Loc: Yellow Medicine county/Bemidj...
Pretty sure you can hunt in ditches in MN, Angelic, what you have listed includes the metro zone so that's probably why you cant hunt the ditch there.
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#1557538 - 10/14/08 12:22 PM Re: Can you hunt the ditch in minnesota? [Re: ac777]
nine-tiner Offline
HotSpotOutdoors Family

Registered: 08/16/04
Posts: 103
Loc: Mille Lacs

Pretty sure anyone hunting ditches is going to break one law or another before the day is thru. No discharging of firearms over a public roadway, and trespassing to retrieve wounded/downed game. The "public" area of a ditch is a few feet wide and there for would require shots to be very limited.

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#1557579 - 10/14/08 12:47 PM Re: Can you hunt the ditch in minnesota? [Re: nine-tiner]
riverrat56 Online   happy
Sr HotSpotOutdoors Family

Registered: 06/24/04
Posts: 2662
Loc: New Ulm, MN, USA
You can go into private land to retrive wounded game, but you must be on foot and unarmed...
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#1557821 - 10/14/08 03:37 PM Re: Can you hunt the ditch in minnesota? [Re: riverrat56]
wallmounter Online   content
FishingMN Family

Registered: 02/03/06
Posts: 125
Loc: Faribault
Originally Posted By: riverrat56
You can go into private land to retrive wounded game, but you must be on foot and unarmed...


Partly true, from page 13 of the Hunting Regs

Quote:
Exceptions
• A person on foot may, without permission, enter land that is not
posted to retrieve a wounded animal that was lawfully shot, but
may not remain on the land after being told to leave.
• A person on foot may, without permission, enter private land
without a firearm to retrieve a hunting dog. After retrieving the
dog, the person
must immediately leave the premises. This exception
does not authorize
the taking of the wild animal.


My brother had a case a couple years ago where he shot a deer, it ran onto private property. He could see the deer laying there and the owner would not grant him permission to retrieve the deer. Nothing he could do.

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#1557861 - 10/14/08 04:08 PM Re: Can you hunt the ditch in minnesota? [Re: wallmounter]
hanso612 Online   content
Sr FishingMN Family

Registered: 05/15/07
Posts: 480
Loc: Northfield, MN
The rule prohibiting shooting over the roadway is specific to big game. Waterfowlers and small game hunters can and often do shoot across section roads. There are laws against careless discharge of a firearm that still apply that protect motorists. The point is to always be sure what is beyond your target before pulling the trigger.

Ditch hunting in farm country can be some of the best and safest hunting out there.

When hunting big game the bullet will often travel through the deer, so if it does, or you have a clean miss shooting at a deer on your side of the road, the bullet is still going to cross the road. So, I never saw the need for the rule on top of the "careless discharge" rule we already have-but you can never be too safe. Hans
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#1557865 - 10/14/08 04:15 PM Re: Can you hunt the ditch in minnesota? [Re: wallmounter]
Shoot2Kill Offline
IceLeaders Family

Registered: 11/12/05
Posts: 220
Loc: MN
[/quote]

My brother had a case a couple years ago where he shot a deer, it ran onto private property. He could see the deer laying there and the owner would not grant him permission to retrieve the deer. Nothing he could do. [/quote]

First I'd break out a copy of the regs and point it out to them in black and white. If they still resist and don't let you in, you call the sheriff or DNR, done deal.
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#1558092 - 10/14/08 08:27 PM Re: Can you hunt the ditch in minnesota? [Re: Shoot2Kill]
LEP7MM Offline
HotSpotsOutdoors Specialist

Registered: 01/01/05
Posts: 1797
Loc: Le Sueur, MN
Originally Posted By: Shoot2Kill


First I'd break out a copy of the regs and point it out to them in black and white. If they still resist and don't let you in, you call the sheriff or DNR, done deal.




WRONG!!!!

If the property owner tells you to leave his property, you must do so immediately. Done deal!!!!! No Law Enforcement officer can force a property owner to allow someone to retrieve any game on their property after the hunter has been told to leave.

All a LEO can do is try to be a mediator and talk the property owner into allowing the retrieval. If you have any doubts on this, you can talk to your local CO.

On the flip side, if I'm not mistaken, a LEO can enter someone's land to retrieve an animal, but do you really think they will want to field dress and drag an animal you shot?

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#1558233 - 10/14/08 10:38 PM Re: Can you hunt the ditch in minnesota? [Re: LEP7MM]
WallyGator12000 Online   content
HotSpotOutdoors Family

Registered: 01/05/05
Posts: 291
Loc: Shoreview, MN
Actually, you're wrong, you have to read the regs carefully. You may, without permission, enter land that is not posted to retrieve a wounded animal that was lawfully shot, but may not remain on the land after being told to leave.

The act of the retrieve is placed at the beginning of the regulation, with the exception posted at the end. You can't remain there if told to leave, but you certainly can remain there to fulfill the first part of the law, retrieving your animal. That is why it is listed first.

It's actually against the law for you to leave the animal you have lawfully shot on their property. It's a trespass just like walking onto their land without any reason would be.

No landowner can prevent you from retrieving game that you have lawfully taken that ended up on their land. Even if a sheriff or C.O. would have trouble with this, if it ever made it to court, case law and the legislative intent of the statute swing heavily in your favor.
_________________________
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#1558245 - 10/14/08 10:54 PM Re: Can you hunt the ditch in minnesota? [Re: WallyGator12000]
ac777 Offline
HotSpotOutdoors Family

Registered: 04/04/08
Posts: 263
Loc: Yellow Medicine county/Bemidj...
Originally Posted By: WallyGator12000
Actually, you're wrong, you have to read the regs carefully. You may, without permission, enter land that is not posted to retrieve a wounded animal that was lawfully shot, but may not remain on the land after being told to leave.

The act of the retrieve is placed at the beginning of the regulation, with the exception posted at the end. You can't remain there if told to leave, but you certainly can remain there to fulfill the first part of the law, retrieving your animal. That is why it is listed first.

It's actually against the law for you to leave the animal you have lawfully shot on their property. It's a trespass just like walking onto their land without any reason would be.

No landowner can prevent you from retrieving game that you have lawfully taken that ended up on their land. Even if a sheriff or C.O. would have trouble with this, if it ever made it to court, case law and the legislative intent of the statute swing heavily in your favor.


Your post said non posted land but What about Posted land??
_________________________
"You can usually do more than you think you can."

>>>-------> Just Passin Thru >>>------->

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