I disagree with the opinion that trespass cannot be enforced on non-agricultural property unless posted.
According to Minnesota Statute 609.605, Subdivision 1: (b) A person is guilty of a misdemeanor if the person intentionally: . . . (3) trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor; https://www.revisor.mn.gov/statutes/cite/609.605 Posting can eliminate the need to prove intent, but the statute is clear that a person can be charged with a misdemeanor for trespassing, regardless of whether or not the property is posted. Loren Albin, Maplewood > On Feb 19, 2021, at 2:11 PM, Bon <bceliaso...@gmail.com> wrote: > > See link below. Based on page 9 and following of this document, I believe > the statement “in MN all property is private unless posted public” applies > only to “agricultural” land. To enforce no trespass on other types of > private property, the land needs to be posted. > > https://files.dnr.state.mn.us/rlp/regulations/hunting/full_regs.pdf?updated=20201229&view=fit&pagemode=bookmarks > > Despite the details of the law, to maintain good relationships between > birders and landowners, birders should always make sure they are welcome > before entering private property. > > Bonita Eliason, Woodbury > > Sent from my iPad > >> On Feb 19, 2021, at 10:23 AM, birdnir...@gmail.com wrote: >> And as property owners we’ve had troubles with this. In December we had a >> stranger show up to see a late bird and in spite of signs no trespassing and >> quarantine because we are extremely vulnerable he still came 30 miles spent >> an hour in our farmyard right outside the house and never called the posted >> phone numbers for permission to be here. Created a very dangerous situation >> for us. Just for the sake of a tick for his year list. >> >> Audubon defers to ABA code of ethics for birding responsibly. Tenet 3 is >> ALWAYS get permission to enter private property. And in MN all property is >> private unless posted public. >> >> Troubles we had at a FL home last month were even worse placing the security >> of that home and my elderly Mom at risk. >> >> So yes, please, Golden Rule. >> >> Charlene Nelson >> Elbow Lake farm still in quarantine >> >> Sent from my iPhone >> >> On Feb 19, 2021, at 6:54 AM, Frank Berdan <fberda...@gmail.com> wrote: >> >> Charley, yup, there are many interested birders. And yes this homeowner has >> set prudent restrictions. >> >> In my 40+ years of birding it's been too often true that a very small >> number of birders, eager for looks and photos, disregard property rights, >> privacy, and common decency by barging into yards, playing tapes loudly, >> and even damaging landscaping. >> >> This occasional sort of selfish, loutish behavior has even resulted in >> closure of otherwise public sites to birding, like certain Metro sewage >> ponds, pre-9/11. >> >> Sad, but true. >> >> We should behave honorably and practice the Golden Rule. The ABA's rules of >> ethics needed to have been written. MOU urges us to bird responsibly. >> >> Good burding, >> >> Frank Berdan >> St Paul >> >> >>> On Thu, Feb 18, 2021, 11:20 PM Charles Greenman <c_green...@msn.com> wrote: >>> >>> This is a strange message. Aren’t there many who would want to know the >>> location of. Lewis’s Woodpecker? Is the location restricted by the >>> homeowner? Charlie Greenman >>> >>> Sent from my iPhone >>> >>>> On Feb 18, 2021, at 6:54 PM, Rick Gibson <rjoegib...@gmail.com> wrote: >>>> I am, once again, late to the party. Can anybody share (privately) >>> contact >>>> info for the Morrison County home owners with the visiting Lewis's >>>> Woodpecker? >>>> Much thanks. >>>> -rick gibson, mpls >>>> ---- >>>> Join or Leave mou-net: >>> https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.umn.edu%2Fcgi-bin%2Fwa%3FSUBED1%3Dmou-net&data=04%7C01%7C%7Ca95545b9f0e044825cd908d8d470f5d3%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637492928911508497%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=5DxbUbT7WL6uQ8hUhU4t0ko7m%2FH9O44ZRVn%2FOKssS8k%3D&reserved=0 >>>> Archives: >>> https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.umn.edu%2Farchives%2Fmou-net.html&data=04%7C01%7C%7Ca95545b9f0e044825cd908d8d470f5d3%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637492928911508497%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=4C91NS3Xv2n24Cx2vDi4p9fy5ZJDCFJROsIFwqOp0Ik%3D&reserved=0 >>>> During the pandemic, the MOU encourages you to stay safe, practice >>> social distancing, and continue to bird responsibly. >>> >>> ---- >>> Join or Leave mou-net: http://lists.umn.edu/cgi-bin/wa?SUBED1=mou-net >>> Archives: http://lists.umn.edu/archives/mou-net.html >>> >>> During the pandemic, the MOU encourages you to stay safe, practice social >>> distancing, and continue to bird responsibly. >> >> ---- >> Join or Leave mou-net: http://lists.umn.edu/cgi-bin/wa?SUBED1=mou-net >> Archives: http://lists.umn.edu/archives/mou-net.html >> >> During the pandemic, the MOU encourages you to stay safe, practice social >> distancing, and continue to bird responsibly. >> >> ---- >> Join or Leave mou-net: http://lists.umn.edu/cgi-bin/wa?SUBED1=mou-net >> Archives: http://lists.umn.edu/archives/mou-net.html >> >> During the pandemic, the MOU encourages you to stay safe, practice social >> distancing, and continue to bird responsibly. > > ---- > Join or Leave mou-net: http://lists.umn.edu/cgi-bin/wa?SUBED1=mou-net > Archives: http://lists.umn.edu/archives/mou-net.html > > During the pandemic, the MOU encourages you to stay safe, practice social > distancing, and continue to bird responsibly. ---- Join or Leave mou-net: http://lists.umn.edu/cgi-bin/wa?SUBED1=mou-net Archives: http://lists.umn.edu/archives/mou-net.html During the pandemic, the MOU encourages you to stay safe, practice social distancing, and continue to bird responsibly.
