February 23, 2001
Mower County Board
Mower County Courthouse
201 First Street N.E.
Austin, MN 55912
RE: In the Matter of the Appeal of the Trespass Civil Citation
#33134 Issued to Bradley Eugene Lastine; OAH Docket
No. 9-2000-14038-2
To the Board:
This matter came on for hearing on January 17, 2001 by telephone conference call initiated by the Administrative Law Judge. Participating in the hearing were Deputy Steve Howard on behalf of the Mower County Sheriff’s Office and Bradley Eugene Lastine, who was issued the Trespass Civil Citation #33134. The complaining landowner Dale Anderson was called as a witness on behalf of the County. Two exhibits were offered and received into evidence. County Exhibit 1 is a copy of the Nevada Plat from page 48 of the Mower County Plat and Directory Map Booklet. County Exhibit 2 is a copy of the Nevada Directory showing the location of residence and owners of property, also found in the Mower County Plat and Directory Map Booklet at page 49. As a result of the facts elicited at the hearing, I am recommending to you that the trespass civil citation and $50.00 fine issued to Bradley Eugene Lastine on October 27, 2000 be AFFIRMED. The basis for this recommendation is set for below.
Dale Anderson owns land in Section 16 of Nevada Township, Mower County Minnesota. He owns 100 acres on the north side of Section 16 and approximately 36 acres on the east side of Section 16. Mr. Anderson also rents adjoining property in the northwest corner of Section 16 adjacent to his northerly property. Mr. Anderson’s property and the property that he rents is adjacent to the northerly boundary of a state owned wildlife management area. Mr. Anderson’s residence is to east of the wildlife management area. Mr. Anderson uses nearly all of his property for agricultural purposes. He also farms the property that he rents adjacent to his property on the west. Mr. Anderson posts his property with “no hunting” signs and his “no hunting” signs clearly indicate his name and address of his residence. He posts his property at the primary corners of his property and at the driveway to his residence.
On October 27, 2000, Dale Anderson and his wife were combining hay in the rental property adjacent to his property in the northwest corner of Section 16. He saw two hunters proceeding over his property in a northerly direction toward 140th Street. It appeared as if the hunters were hunting pheasants. The hunters were approximately one-quarter mile north of the northerly boundary of the wildlife management area. Mr. Anderson drove his combine to 140th Street, walked over to the hunters and asked them if they had permission to hunt his property. The hunters responded that they thought they were on state land. There was a "no hunting" sign clearly visible from the road on the north boundary of Mr. Anderson’s property. The two hunters identified themselves as Bradley Eugene Lastine and Timothy John Halverson. The two hunters wanted to go through Mr. Anderson’s land to return to the wildlife management area and Mr. Anderson denied them permission to do so. The hunters then proceeded east on 140th Street until they were out of Mr. Anderson’s sight. Mr. Anderson then used his cell phone to call law enforcement authorities to report the trespass.
Responding to the call was Deputy Steve Howard of the Mower County Sheriff’s Office. Mr. Anderson informed Deputy Howard that the hunters never asked for or were provided permission to hunt his property. Deputy Howard then proceeded to the parking lot of the wildlife management area at the area’s southwest boundary. Deputy Howard waited by two vehicles parked in the parking lot. Soon thereafter, the two hunters walked to their vehicles and were confronted by Deputy Howard. The two hunters identified themselves as Bradley Eugene Lastine and Timothy John Halverson. They acknowledged that they had been confronted by Mr. Anderson a short time previously. Deputy Howard explained to the two men that they had entered agricultural land without obtaining permission of the landowner in violation of Minn. Stat. § 97B.001, subd. 2 and that they had also entered posted land without first obtaining permission of the landowner in violation of Minn. Stat. § 97B.001, subd. 4(a). He issued each of the men a Notice of Trespass Violation and Imposition of Penalty. Deputy Howard explained to the hunters their rights to appeal the Trespass Civil Citations. Bradley Eugene Lastine filed an appeal on November 9, 2000 to the Commissioner of the Department of Natural Resources requesting a hearing.
Mr. Lastine contends that there were no "no trespassing" signs marking the northern boundary between the wildlife management area and Mr. Anderson’s property. Thus, Mr. Lastine claims that he could not tell that he was entering private property as he proceeded from south to north. The evidence shows that although there is no sign posted at that boundary, it is quite apparent that one is accessing agricultural land at that boundary. The northerly boundary of the wildlife management area has tall trees and Mr. Anderson’s private property is open grassland. Furthermore, there is an east/west tributary to a ditch along the northerly boundary of the wildlife management area and the southerly boundary of Mr. Anderson’s property. The hunters had to cross this ditch tributary to access Mr. Anderson’s private property. Moreover, a private landowner is not required to post his property around its entire perimeter as long as the property is properly posted at the primary corners and access roads. The burden is on the hunters to determine whether they are on private property and to seek permission from the landowner to hunt it. The Mower County Plat and Directory Map Booklet is easily obtainable from the Mower County Offices and may also be purchased for a nominal cost at local bookstores. If Mr. Lastine had obtained the Mower County Plat and Directory, he would have clearly seen that the wildlife management area does not extend to 140th Street to the north. They would have also easily found Mr. Anderson’s residence where they could seek permission to hunt his private property. Mr. Lastine did not take these simple measures to insure that he was hunting only in the wildlife management area.
Minn. Stat. § 97B.001, subd. 2 requires in part as follows:
A person may not enter agricultural land for outdoor recreation purposes, without first obtaining permission of the owner, occupant, or lessee.
Minn. Stat. § 97B.001, subd. 4(a) provides in part as follows:
Except as provided in subdivision 6, a person may not enter, for outdoor recreation purposes, any land that is posted under this subdivision without first obtaining permission of the owner, occupant, or lessee.
Subdivision 6 exception relates to retrieving hunting dogs, which did not occur in this case.
Minn. Stat. § 97B.001, subd. 4(b) provides in part as follows:
The owner, occupant, or lessee of private land, or an authorized manager of public land may prohibit outdoor recreation on the land by posting signs once each year that:
(1) state "no trespassing" or similar terms:
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(2) (ii) mark the primary corners of each parcel of land and access roads and trails at the point of entrance to each parcel of land except that corners only accessible through agricultural land need not be posted.
In this case, Mr. Lastine entered agricultural land for outdoor recreation purposes, i.e. hunting without first obtaining permission from the landowner. Although Mr. Lastine did not see a “no hunting” sign posted as he entered the agricultural land from the south, the evidence shows that the property was properly posted and the burden was on Mr. Lastine to use reasonable diligence to determine the boundary between public property and private property. Accordingly, the Administrative Law Judge recommends that the Trespass Civil Citation and $50.00 penalty issued to Bradley Eugene Lastine be AFFIRMED.
The law provides that the Commissioner or County Board must make the final decision of this type of matter. Since the citation originated from Mower County, the final decision rests with the Mower County Board. Under Minn. Stat. § 116.072, subd. 6, the County Board must wait at least five days after receipt of this recommendation before making that final decision.
The parties may, within the five days make any comments to the County Board to the recommendation under consideration. The law does not require, however, that either party make comments. The County Board must send a copy of the final decision to Bradley Eugene Lastine.
Respectively submitted,
PHYLLIS A. REHA
Administrative Law Judge
Telephone: 612/341-7602
PAR:aws
cc: Pat Watts, DNR
Colonel William C. Bernhjelm, DNR
Bradley Eugene Lastine
Deputy Steve Howard, Mower County Sheriff’s Office