need to know about retrieval rights

[popper]

my dogs cant read sighns or know wat fences mean i need to know the rules on going and getting m dogs of of some one elses land if the hog cross the fence and the dogs roll with it . i am not a person the runs dogs on a small place or some one that tresspasses but yall know just as well as i do number 2 happens

[Silverton Boar Dogs]

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[Goatcher]

I can't talk about Texas, but in California, which has very restrictive trespass laws and sometimes huge fines for trespassing (it varys by county), a Calif Game Warden told me if your dogs are after a hog or have strayed for any reason onto the lands of another, you can go get them without notice (but it is advisable to try to contact the owner first).  However, you have to leave your guns, knives, bows, etc. "hanging on the fence where your enter", or in your vehicle unloaded, etc (e.g., can't take them with you).  

In Louisiana, the Game Warden told me after I got in a bit of a legal scuffle over the same issue (complaint refered to him by local sheriff) that a person had the right, actually obligation, to retrieve all domestic animals and livestock (includes dogs) from another's property immediately.  Same as in California, the dog owner is supposed to leave weapons behind when retrieving dogs.  The only condition he added was that if a property owner specifically tells you do not trespass in person, do not ever come back, then you cannot go on his land.  Tells me don't ask, just go, as you only get one free pass?

[dabutcher]

well, that's not how it works in Texas.  If you get caught trespassing on someone's land and they want to press charges, you're gonna get in some trouble.  no second chances if landowner wants to press charges.

[dub]

Most land owners do not want pigs on their land. So I would just go let them know you are hunting with dogs. Then ask if the dogs chase a pig and it runs to the other property do you want me to just leave the pig on your property or would you prefer that I remove it? You may find some whacko that loves pigs but you may get more land to hunt. If they say leave the pig then ask about getting your dogs. But that is just my opinion.

[DOGGER69]

IN TEXAS,YOU ARE CONSIDERED TO BE TRESPASSING IF YOU ENTER UPON LAND THAT KNOWINGLY THAT IT'S  NOT YOURS AND YOU DO NOT HAVE PERMISSION,NO MATTER IF YOUR DOGS ARE THERE OR WHATEVER.I KNOW THIS,BECAUSE I RECEIVED A TICKET FOR THAT VERY REASON.AND IT WAS EXPLAINED TO ME BY THE GAME WARDEN AS HE WAS WRITING.HE SAID THAT IGNORANCE WAS NO EXCUSE FOR THE LAW.IT WAS AN EXPENSIVE LESSON. 

[rdjustham]

Dont know about texas, but in Fl its a 50/50 by Fl state statue 810. if you are given written notice (first time) any time after that is trespassing.  On the other hand if the property is not fenced, cultivated, or posted you arent tresspassing until warned.  if it is your trespassing.  I dont know of many cops that would arrest you for tresspassing without being given a written warning.  the other side is the statue reads failure to leave upon request of property owner.  If i was dispatched to it youd be ok, but then again im not a rookie and now which battles to fight..good luck but id let the property owner know you were going to run dogs on adjoining property.

[dub]

IN TEXAS,YOU ARE CONSIDERED TO BE TRESPASSING IF YOU ENTER UPON LAND THAT KNOWINGLY THAT IT'S  NOT YOURS AND YOU DO NOT HAVE PERMISSION,NO MATTER IF YOUR DOGS ARE THERE OR WHATEVER.I KNOW THIS,BECAUSE I RECEIVED A TICKET FOR THAT VERY REASON.AND IT WAS EXPLAINED TO ME BY THE GAME WARDEN AS HE WAS WRITING.HE SAID THAT IGNORANCE WAS NO EXCUSE FOR THE LAW.IT WAS AN EXPENSIVE LESSON.  

The knowingly part is wrong. It does not matter if you know or not to be trespassing. But to get a ticket it may. I know I was stopped once but there was no fence for me to know. But you are also trespassing when your dog trespasses. But your dog does not know what a fence is. If there are damages when you are trespassing you are liable for them. That means if you go to court you will have to pay. Save the money and do the right thing. But I always train my dogs to stop on command. It can save their life with cars.Take a rope and tie an inner tube to a tree (some people do not use the inner tube). Then tie a long rope to the inner tube and the other end on the dogs collar. With retrievers we throw something but make the dog run. When there are just a couple loops of rope left yell stop. They will not stop the first time and they will hit the end of the rope. Repeat it changing the length of the rope. Your dog will learn very fast to stop when you yell "stop." Some dogs I have trained like that will stop and come back, but they all stop. It is great when working a group of dogs and you yell stop and they all stop dead in their tracks. That way you can stay on your side of the fence and have a command that you know will work.

[charles]

 I ask a warden about this same ? up here in bowie county and the warden told me that a dog owner has the right to pursue and its a state law the gives game hunters right to pursue their dogs, but not to retrieve the game. it is best to get permission ahead of time b4 your hunt but if your dogs stray past your permission area you still have the right to pursue. you best bet would to contact the local game warden in your area or the areas you hunt and find out for sure just to be on the safe side and go ahead and get permission b4 hunting that area.

[charles]

Retrieval of Game: No person may pursue a wounded wildlife resource across a property line without the consent of landowner of the property where the wildlife resource has fled. Under the trespass provisions of the Penal Code, a person on a property without the permission of the landowner is subject to arrest. this is the law for the whole state, it may differ from county to county and game wardens. this is the site for the above mentioned law,  http://www.tpwd.state.tx.us/publications/annual/general/penalties/

[whenthetailgatedrops]

I've read a lot of these responses and I feel bad for the poor guy that got the ticket for trespassing on agricultural land, the only class C trespassing offense in the state penal laws, most instances constitute a class  B offense requiring an arrest, but actually you do have the right to recover your dogs, property, from someone's land.  There are a few guidelines you have to follow first.  You must make a valid attempt to notify the owner of the property and seek his permission to get your dogs.  If you are unable to make contact with that person you should contact the sheriff's office, do not contact or ask for a game warden as most are not very dog hunter friendly in this state.  Let the sheriff's deputy know what happened and should allow you to get your dog.  The reason for this is under the theft statue a person can not knowingly deprive another of their property or they are committing theft, even if the dog is on their property.  However, you need to be sure of the location, tracking collar works great, in order to be allowed access.  This is a good thing to know in case some pesky land owner tries to keep you from getting your dog back, which legally they can not.  Hope I helped

[charles]

 I just ran into a situation today where i ask a land owner ahead of time b4 I hunt, that if my dogs get on his land can i ONLY get my dogs. He said NO, till i told him i wasnt wanting to hunt his land, ust get my dogs and he he-hawed around and said he would call me in a wk or so and let me know if i can get my dogs. What does a person do in this instance, when your trying to abide by the law and do the rite thing and you get an A@#hole that owns land adjacent to corp land?

[dub]

I would say well "fine I will just call the Sheriff and let them know my dogs are on your property and you will not let me get them." That sounds just plain stupid and you can't fix stupid. I may go after a deer that I shot but there ain't no way I am going to get caught removing a pig from property without permission. I try not to bother law enforcement but I may just have to get some clarification and have it explained to the neighbor by a Deputy. Good luck dealing with Mr. Stupid.

[coyote1]

i was wondering about the land owner filing charges on you for your dog or dogs being on they property? what if they shoot your dog for running a hog or deer or any sort of wildlife can they do that or what?