July 1, 1999
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Col. Leo W. Haseman, Director |
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RE: In the Matter of the Trespass Citation Issued to Jeffrey Allen Ingvalson; OAH Docket No. 12-2000-12206-2.
Dear Col. Haseman:
A telephone conference in this matter was held on June 11, 1999. Participating in the conference were Conservation Officer Thomas Hemker, landowner representative Cindy Anderson, P.O. Box 203, Blooming Prairie, MN 55917, and Jeffrey Allen Ingvalson, 13225 SE 89th Ave, Blooming Prairie MN 55917. Mr. Ingvalson was issued Trespass Civil Citation No. 30038 by Officer Hemker for failing to leave the Anderson property on November 8, 1998, after being ordered to do so by Ms. Anderson. He has appealed that Citation in this proceeding.
There were many disagreements between Ms. Anderson and Mr. Ingvalson about exactly what happened that day while Mr. Ingvalson and two friends were deer hunting on adjoining property. But, after a lengthy discussion, it became clear that Mr. Ingvalson did not dispute the essential facts and believed that he had a legal right to do what even he claims he did, namely, leave the Anderson property momentarily after being ordered to leave by Ms. Anderson and then return to the property without permission to retrieve a deer his hunting party had wounded. Upon Officer Hemker’s recommendation, I determined that the legal issue of whether such conduct violates the law could be decided without taking further evidence at a hearing.
Minn. Stat. § 97B.001 provides, in relevant part:
Subd. 3. Remaining on land prohibited after notice. Except as provided in subdivision 6, a person may not remain on any land for outdoor recreation purposes after being orally told not to do so by the owner, occupant, or lessee.
. . .
Subd. 5. Retrieving wounded game. Except as provided in subdivision 3, a person on foot may, without permission of the owner, occupant, or lessee, enter land that is not posted under subdivision 4, to retrieve a wounded animal that was lawfully shot. The hunter must leave the land immediately after retrieving the wounded game.
Subd. 6. Retrieving hunting dogs. A person on foot may, without permission of the owner, occupant, or lessee, enter private land without a firearm to retrieve a hunting dog. After retrieving the dog, the person must immediately leave the premises.
This statute is fairly clear. First, under Subd. 3, except to retrieve a hunting dog, a person must leave any land when told to do so by the owner. Second, under Subd. 5, unless told to leave the property, a hunter may enter private land to retrieve wounded prey. Third, a person may, even without permission, enter land to retrieve a hunting dog. Thus, once Ms. Anderson had told Mr. Ingvalson to leave the property, he had to leave promptly without the wounded deer and could not return to get the deer.
Mr. Ingvalson seemed truthful when he stated during the telephone conference that he thought he had the right to go onto land to retrieve a wounded deer and that he based that belief on the DNR pamphlet describing the trespass statute. Nonetheless, the law is sufficiently clear that you can’t retrieve a wounded animal when you’ve been orally ordered off the land.
Thus, I conclude that Mr. Ingvalson remained on the Anderson property, or returned to it, after being orally told not to do so in violation of Minn. Stat. § 97B.01, subds. 3 and 5. I therefore recommend that the citation be AFFIRMED.
Pursuant to Minn. Stat. § 116.072, subd. 6(e), the Commissioner may not issue a final order in this matter until at least five days after receipt of this letter. Parties may send comments to the Commissioner on this recommendation during that five-day period and the Commissioner must consider such comments.
I am closing our file in this matter and returning the record to you.
Sincerely,
STEVE
M. MIHALCHICK
Administrative
Law Judge
Telephone:
612/349-2544
SMM
cc: Jeffrey A.
Ingvalson
Cindy Anderson
Conservation Officer Tom
Hemker