Luminous Landscape Forum
Equipment & Techniques => Landscape & Nature Photography => Topic started by: maddogmurph on April 14, 2015, 12:13:25 am
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Sometimes while driving along you notice mystic places behind barb wire fences that call your name. As you step on the sign that explains your trespassing on private property, you might think to yourself, if this was my property I wouldn't want someone tromping around on my land. If you're like me, you might think a quick in and out can't hurt anyone right? And so rather than take your time, you quickly frame and snap what you can and make a fairly hasty exit. Here's some poached shots from a hot spring along the 395.
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My favourite is #4, there is more of the fog, less sky, and more mud textures.
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My favourite is #4, there is more of the fog, less sky, and more mud textures.
+1.
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Very nice series.
A technical point; trespassing on private property is always illegal. If land is not posted and you are caught by the landowner, he/she must file a complaint for you to be charged with trespassing. However, if the land is posted, a county sheriff can arrest you and you will be automatically charged with trespassing without the participation of the landowner. So the effect is that if land is posted, you are unable to apologize to the landowner and ask forgiveness. That option has been taken off the table by the posting. I caught a guy on my land filling a water tank on the back of his truck from my well. I caught another guy grazing his cattle in my pasture. There is no limit to what people will try when they think they can get away with it. My land is now posted. The guy who grazed his cattle claimed he was renting my neighbor's pasture and his cattle got through the fence. I might have believed him. Later he was caught loading hay (the big round 1,100 pound bales) on his trailer. That can't be an accident. End of rant.
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A recent court ruling in Utah (http://www.sltrib.com/news/2388706-155/judge-says-utah-public-has-right) says "public has right to recreate on stretch of water that flows through private land." Isn't this a similar case?
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In Scotland it wouldn't be a problem being on someone's land provided you wasn't damaging something or harassing someone. There isn't any law of trespass. I agree with the others#4 is best.
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Not sure about Utah specifically, but this normally applies to "navigable waters."
I can't tell for sure, but that water doesn't look like it fits the description.
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Good to know the difference between posted vs non-posted. Some people may tiptoe to get a better camera angle.
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The ruling says the riverbed belongs to the state and that too if there was river traffic historically. So the anglers can stay in their boat/kayak/canoe and do their thing. Land on the banks and one is trespassing. Looks like the landowners have guns and hopefully non-twitchy fingers?