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Old January 12th, 2019, 07:34 PM #31
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Originally Posted by DaemonAssassin View Post
Nowhere inside the city of Frederick is "rural", unless you count Ft. Detrick property, around Whittier.
Isnít it city limits up pretty close to the base of he mountains? Or is it just that the city owns land up towards Gambrils (Frederick city watershed), but it isnít in the incorporated city limits?
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Old January 12th, 2019, 08:18 PM #32
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Originally Posted by lazarus View Post
Isn’t it city limits up pretty close to the base of he mountains? Or is it just that the city owns land up towards Gambrils (Frederick city watershed), but it isn’t in the incorporated city limits?
Actually that is incorrect for the city limits. IIRC, the city owns the watershed, but does not consider it within the city limits for environmental reasons. The city does not own the land form the west end city limit to Gambrill State Park.

The city limit to the west side is actually closer to Golden Mile that you might think. Check the screenshot to see where the cit limits actually are.





Editing to add a close up of the west side that includes the Watershed, with visible roads for orientation.


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Old January 13th, 2019, 09:10 PM #33
Clark W. Griswold Clark W. Griswold is offline
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Originally Posted by sclag22 View Post
For those that are worried about a deer crossing onto other property. If the owner doesn't Grant you permission, DNR will retreive your kill for you.
This is flat out wrong. A landowner has no obligation to allow you on their property to retrieve a deer and dnr has no legal authority to force a landowner to grant access to anyone to retrieve the deer.
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Old January 14th, 2019, 11:00 AM #34
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This is flat out wrong. A landowner has no obligation to allow you on their property to retrieve a deer and dnr has no legal authority to force a landowner to grant access to anyone to retrieve the deer.
Actually they do for NRP. Subsection 10-1104 Searches Without a Warrant.

If the officer has probable cause to believe that any species of wildlife...not feasible to secure a warrant in time...the NRP office may examine and boat, railway car, box, crate, package or take bag without a warrant.

Can search vehicles. Can determine if the person has the appropriate license.

Does not permit entering a dwelling house without first procuring a search warrant.

I paraphrased slightly. Your property is not your dwelling house.

In effect Maryland Natural Resources Code does allow the officer to search your property and retrieve the deer (there is another subsection of seizure of wildlife or devices in violation of this title).

If you’ve got a deer that has been shot and killed by a hunter on your property, you do not have lawful possession of said deer.

Getting a warrant would damage said wildlife by taking too long (most likely) and thus if the NRP officer has probable cause to believe the deer is on your property they can retrieve it. That would fall under “feasible in time” most cases.

Once you’d killed an animal, so long as you it was a legal harvest, said animal becomes your property.

You never have a legal right to enter someone else’s private property to get your property except under very limited circumstances (usually things like with a uniformed officer with a warrant to help identify your property or something along those lines).

Officers of the law also usually can’t, without a warrant. But there are certainly exceptions.


Anyway, DNR can’t grant a hunter a right to go get their deer off someone else’s private property. An NRP officer can go retrieve it legally. I assume in almost all circumstance the NRP officer would politely ask the property owner first if home. It isn’t illegal for the hunter to go ask the land owner for permission. A note on that, it is generally only a legal trespass to cross to someone’s dwelling and knock, ring the bell whatever if they don’t have no trespassing signs up and if you are traversing a normal access route. IE going up their driveway/sidewalk.
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Old January 14th, 2019, 08:13 PM #35
Clark W. Griswold Clark W. Griswold is offline
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By ďparaphrasing slightlyĒ you left out an important part of that law which Iíve bolded below.
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In general
(a) If a Natural Resources police officer or any law enforcement officer has probable cause to believe that any species of wildlife or any device is possessed in violation of this title, and it is not possible or feasible to secure a search warrant in time to seize the bird, mammal, amphibian, or reptile or the device, then the Natural Resources police officer may examine any boat, railway car, box, crate, package, or game bag without a warrant.
The deer I shoot that dies on your property is not illegally in your possession any more than it is legally possessed by me. The simple fact that a deer dies on your property without your intervention doesnít place it in your possession. You must take action to possess that deer.

Likewise, shooting a deer does not make it belong to the shooter. It only belongs to the shooter once reduced to possession. In fact, you could request that NRP issue you a non-hunting tag so that you may legally take possession of the deer that died on your property.

While you may find an NRP officer who is willing to attempt to help you retrieve your deer, they cannot do so if the landowner refuses. Most likely when you call the dispatcher you will be told either they canít help or no one is available.

If someone plans to hunt where itís possible a wounded deer may run onto another property, the prudent course of action is to secure permission to retrieve deer before it is an issue.

I am not a lawyer and Iíve never stayed at a holiday inn express, but I am very familiar with hunting laws and regulations. I assure you that a landowner who refuses to grant permission to retrieve game from their land will win out and has the legal right to do so.
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Old January 15th, 2019, 07:47 AM #36
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Pretty sure that isn’t the way the law views things. And DNR has had on their website for many years that if you do have a deer run on to private property that you should contact the landowner for permission to retrieve and failing that, call DNR and they will assist you. I can find it now. Maybe they took it down because they actually wontnhelp or can themp you, but they had it in the online hunting regs for years.
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