Date: 2/22/21 11:05 am
From: Kyle TePoel <00000583427559cc-dmarc-request...>
Subject: Re: [mou-net] Lewis's Woodpecker?
The statute lists a couple exceptions for which trespassing is briefly
allowed on un-posted land. To have exceptions implies that the rule is that
un-posted land is otherwise not to be trespassed upon. Statute terminology
aside--because it could be more explicity stated--isn't the issue at its
core simply not to trespass unless permission has been given? If posting
can't substitute for a demand to leave, doesn't it supercede it anyway? In
other words, posting is the demand that one should not enter in the first
place (thus hopefully eliminating the need to ask someone to leave).

Kyle Te Poel
Stillwater Township, MN


On Mon, Feb 22, 2021 at 12:07 PM Warren Woessner <WWoessner...>
wrote:

All: I have trouble reading the statute that way. Premises can include land
of any sort. But I can't find the part of the statute that says that
"posting" can substitute for an actual demand by the owner to leave a plot
of land--as opposed to a structure (tho' that would make sense). Of course
birders should honor the wishes of the land owner.
Warren

-----Original Message-----
From: Minnesota Birds <MOU-NET...> On Behalf Of Loren Albin
Sent: Friday, February 19, 2021 5:13 PM
To: <MOU-NET...>
Subject: Re: [mou-net] Lewis's Woodpecker?

I disagree with the opinion that trespass cannot be enforced on
non-agricultural property unless posted.

According to Minnesota Statute 609.605, Subdivision 1:

(b) A person is guilty of a misdemeanor if the person intentionally:
. . .
(3) trespasses on the premises of another and, without claim of right,
refuses to depart from the premises on demand of the lawful possessor;

https://www.revisor.mn.gov/statutes/cite/609.605

Posting can eliminate the need to prove intent, but the statute is clear
that a person can be charged with a misdemeanor for trespassing, regardless
of whether or not the property is posted.

Loren Albin, Maplewood

> On Feb 19, 2021, at 2:11 PM, Bon <bceliason01...> wrote:
>
> See link below. Based on page 9 and following of this document, I
believe the statement “in MN all property is private unless posted public”
applies only to “agricultural” land. To enforce no trespass on other
types of private property, the land needs to be posted.
>
>
https://files.dnr.state.mn.us/rlp/regulations/hunting/full_regs.pdf?updated=20201229&view=fit&pagemode=bookmarks
.
> dnr.state.mn.us
>
> Despite the details of the law, to maintain good relationships between
birders and landowners, birders should always make sure they are welcome
before entering private property.
>
> Bonita Eliason, Woodbury
>
> Sent from my iPad
>
>> On Feb 19, 2021, at 10:23 AM, <birdnird57...> wrote:
>> And as property owners we’ve had troubles with this. In December we had
a stranger show up to see a late bird and in spite of signs no trespassing
and quarantine because we are extremely vulnerable he still came 30 miles
spent an hour in our farmyard right outside the house and never called the
posted phone numbers for permission to be here. Created a very dangerous
situation for us. Just for the sake of a tick for his year list.
>>
>> Audubon defers to ABA code of ethics for birding responsibly. Tenet 3 is
ALWAYS get permission to enter private property. And in MN all property is
private unless posted public.
>>
>> Troubles we had at a FL home last month were even worse placing the
security of that home and my elderly Mom at risk.
>>
>> So yes, please, Golden Rule.
>>
>> Charlene Nelson
>> Elbow Lake farm still in quarantine
>>
>> Sent from my iPhone
>>
>> On Feb 19, 2021, at 6:54 AM, Frank Berdan <fberdan46...> wrote:
>>
>> Charley, yup, there are many interested birders. And yes this
>> homeowner has set prudent restrictions.
>>
>> In my 40+ years of birding it's been too often true that a very small
>> number of birders, eager for looks and photos, disregard property
>> rights, privacy, and common decency by barging into yards, playing
>> tapes loudly, and even damaging landscaping.
>>
>> This occasional sort of selfish, loutish behavior has even resulted
>> in closure of otherwise public sites to birding, like certain Metro
>> sewage ponds, pre-9/11.
>>
>> Sad, but true.
>>
>> We should behave honorably and practice the Golden Rule. The ABA's
>> rules of ethics needed to have been written. MOU urges us to bird
responsibly.
>>
>> Good burding,
>>
>> Frank Berdan
>> St Paul
>>
>>
>>> On Thu, Feb 18, 2021, 11:20 PM Charles Greenman <c_greenman...>
wrote:
>>>
>>> This is a strange message. Aren’t there many who would want to know
>>> the location of. Lewis’s Woodpecker? Is the location restricted by
>>> the homeowner? Charlie Greenman
>>>
>>> Sent from my iPhone
>>>
>>>> On Feb 18, 2021, at 6:54 PM, Rick Gibson <rjoegibson...> wrote:
>>>> I am, once again, late to the party. Can anybody share (privately)
>>> contact
>>>> info for the Morrison County home owners with the visiting Lewis's
>>>> Woodpecker?
>>>> Much thanks.
>>>> -rick gibson, mpls

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