Landowners, hunters should know where the line is drawn

By DAVY MOSELEY | East Texas Edition

August 30, 2001 -- You've heard it said that good fences make good neighbors. As hunting season draws near, landowners and hunters should know all about property rights and where those fine lines are drawn.

The Van Zandt County office of Texas Cooperative Extension and Texas Parks and Wildlife (TPWD) hosted a seminar Aug. 28 focusing on property rights issues to help prepare both hunters and landowners during the upcoming hunting season.

According to Steven Stapleton, a Texas game warden in Van Zandt County, the seminar aimed to provide area newcomers with basic property rights information, and address some common issues.

Stapleton explained there are a lot of people who come from urban areas that aren't sure about a lot of things. Whether somebody has one acre or 1,000, the laws are the same, and that is what people need to know.

"This is something that every county needs to do," Stapleton said of the informative seminar. "Lots of people have questions and don't know who to turn to."

Stapleton offered that one thing many landowners are not clear on is the purple paint law.

The purple paint law (HB793), which went into effect Sept. 1, 1997, provides a standardized method of marking property boundaries which some landowners say they welcome as signs may be too costly or impractical. Typically, landowners are hesitant to put up fences or post signs along creek bottoms or river fronts, which serve as natural boundaries for livestock anyway.

Instead of posted signs, landowners may resort to a vertical stripe of purple paint on a tree or post. The marking must be made at least three feet above ground, but no more than five feet above ground, and must be at least eight inches long and one inch wide. Landowners who use the purple paint system are also required to post signs at entrances to their property notifying trespassers of the purple markings, however, absence of signs or markers does not grant permission to trespass.

If a landowner catches someone, such as a hunter or fisherman, trespassing on their land, action is entirely up to the landowner. Stapleton said the landowner can confront the hunter, contact the sheriff's office, or contact their local game warden. Once officials arrive, it is still up to the landowner whether or not the trespasser should be given a warning or other punishment such as fines and jail time.

Trespassing in Texas is a Class B misdemeanor punishable by a fine not to exceed $2,000 and/or up to 180 days in jail, unless the trespasser is in possession of a firearm, which upgrades the offense to a Class A misdemeanor punishable by a fine of up to $4,000 and/or one year in jail.

Trespass violations are filed by the landowner, not game wardens.

A common question landowners ask is can a hunter legally track a wounded animal, or felled bird, onto someone else's property for retrieval.

"That is a very good question. Legally they can not. However, it is kind of a Catch 22," Stapleton said. Hunters are bound by law to track an animal they wounded and kill it; but, property rights laws take higher precedence in such a case.

But, since the hunter is responsible for tracking the animal, the hunter should ask permission of the adjacent landowner and then continue tracking it.

"If you explain what's happened, I doubt anyone would just refuse to let you on their land. Most people are pretty understanding," the game warden said.

Another problem landowners may encounter, according to Stapleton, is misuse or abuse of hunting lease contracts.

If a hunter does something that violates the contract between hunter and landowner, a game warden can be called to the scene; but, again, it's up to the landowner.

Property rights can be delicate, and Stapleton advises that when landowners, and hunters alike, have questions about property rights, or witnesses poaching or other illegal activity, they should call their local game warden. If you don't know who your game warden is, likely the easiest way to get in touch with them is to contact the Sheriff's Department, who can contact the game warden for you. Additionally, all TPWD regional offices will have information on how to get in touch with your county's game warden.

"We depend on rural landowners and sportsmen to be our eyes and ears. Texas game wardens have a large area to cover, and we need all the help we can get," said Stapleton.

The game warden added that a successful program has helped bridge the gap between wardens and landowners to minimize illegal activity. Operation Game Thief (OGT) is Texas' wildlife Crime-stoppers program, offering rewards of up to $1,000 for information leading to the arrest and conviction for a wildlife crime, according to TPWD. Started in 1981 to help curtail poaching, the program, a function of the law enforcement division of TPWD, is highly successful, having been responsible for the payment of over $140,000 in rewards. The anonymous telephone number to make a report is (800)972-GAME.