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- Nov 21, 2021
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WILSONS, Va. (AP) — Soon after Jim Medeiros bought his 143-acre (58-hectare) cattle and poultry farm in rural Virginia a decade ago, he and his wife were startled by the sounds of 20 hunting dogs barking and howling as they circled their house and chased their chickens.
When Medeiros confronted a hunter nearby, the man told him he had permission to hunt on Medeiros’ property. In disbelief, Medeiros called the agency that enforces a state law allowing hunters to retrieve their hunting dogs from private property, even when the property owners object.
“He told me, you can't prohibit people from coming onto your land,” recalled Medeiros.
He then pointed out that his land was posted with no trespassing signs.
“I said, 'You don't understand. My land is posted,'" Medeiros said.
“You don't understand," the official responded. “You can't stop them.”
After years of putting up with baying dogs and dead chickens, Medeiros and several other property owners are suing the state over its “right to retrieve” law, arguing that allowing hunters to go on their property without permission amounts to an uncompensated taking of their land and violates the state and federal constitutions.
A number of states allow hunters to retrieve their dogs without permission from property owners under certain circumstances, such as properties that do not have “no trespassing” signs. But Virginia's law says hunters are allowed to retrieve dogs even when the property owner has specifically denied access.
A 2016 report prepared by the Virginia Department of Game and Inland Fisheries, (now the Department of Wildlife Resources), said only one other state, Minnesota, had a similar law. Minnesota's law says a person can enter private land to retrieve a hunting dog without permission of the owner, but cannot have a firearm when doing so and must immediately leave after recovering the dog.
The Virginia property owners are suing the Department of Wildlife Resources, which enforces the law. They are represented by the Pacific Legal Foundation, a conservative legal organization that won a major property rights case at the U.S. Supreme Court last year. The high court found that a California regulation requiring agricultural businesses to allow union organizers onto their property for up to three hours a day, 120 days per year, amounts to the government appropriating “a right of access to private property” and “constitutes a per se physical taking” under the court's precedents.
Private property owners sue over Virginia's hunting dog law
I know the area.....Dog hunters are real assholes with a total disregard for property rights.
When Medeiros confronted a hunter nearby, the man told him he had permission to hunt on Medeiros’ property. In disbelief, Medeiros called the agency that enforces a state law allowing hunters to retrieve their hunting dogs from private property, even when the property owners object.
“He told me, you can't prohibit people from coming onto your land,” recalled Medeiros.
He then pointed out that his land was posted with no trespassing signs.
“I said, 'You don't understand. My land is posted,'" Medeiros said.
“You don't understand," the official responded. “You can't stop them.”
After years of putting up with baying dogs and dead chickens, Medeiros and several other property owners are suing the state over its “right to retrieve” law, arguing that allowing hunters to go on their property without permission amounts to an uncompensated taking of their land and violates the state and federal constitutions.
A number of states allow hunters to retrieve their dogs without permission from property owners under certain circumstances, such as properties that do not have “no trespassing” signs. But Virginia's law says hunters are allowed to retrieve dogs even when the property owner has specifically denied access.
A 2016 report prepared by the Virginia Department of Game and Inland Fisheries, (now the Department of Wildlife Resources), said only one other state, Minnesota, had a similar law. Minnesota's law says a person can enter private land to retrieve a hunting dog without permission of the owner, but cannot have a firearm when doing so and must immediately leave after recovering the dog.
The Virginia property owners are suing the Department of Wildlife Resources, which enforces the law. They are represented by the Pacific Legal Foundation, a conservative legal organization that won a major property rights case at the U.S. Supreme Court last year. The high court found that a California regulation requiring agricultural businesses to allow union organizers onto their property for up to three hours a day, 120 days per year, amounts to the government appropriating “a right of access to private property” and “constitutes a per se physical taking” under the court's precedents.
Private property owners sue over Virginia's hunting dog law
I know the area.....Dog hunters are real assholes with a total disregard for property rights.
