How to deal with neighbor who believes trees are adequate backstop

[remauto1187]

Goto Indiana DNR page to find a area forester. Have the forester come in and give you a written estimate on bullet damage to your trees. Take neighbor to court over the damage to the trees. Wouldnt hurt to setup cameras to record video of the carnage during idiot neighbors target practice. (Use batteries to power inverters which will give 120vac to power a cheap VCR and power adapter for cameras.) Should get a fair amount of record time with that setup.

I do have to say though, If i had to worry about dying on my own land because a neighbor was an idiot and the police and dnr refuse to stop it immediately. I would put a stop to it the very next time I clearly heard a bullet wizzing by me. I would shout that the idiots bullets are coming near me, then if he continued. Remington 700 AAC-SD .308....just one bullet...... Then when the police got there to arrest me.. "that guy was shooting at me"....then shut thy mouth until lawyer arrives on my behalf. Problem solved and the police/DNR had their chance to put a stop to it.
If someone is shooting at you, near you whether it be intentional or not....its self defense. Dead people cant claim they didnt do it intentionally....just sayin'.

I would have already called the State Police and if they hadnt done anything about it then call the FBI and report them all including the idiot neighbor, derelect officers and DNR. Heck maybe see if the BATFE wants in on it. Squeaky wheels get grease...lots of it.

 

[mom45]

There are so many trees with holes and slugs in them that I can't count them. I'm thinking I need to take some spray paint and mark each one and then photograph an overall shot of them. That also lets the neighbor know that I am documenting the damage he has caused. I actually can film them from behind where they shoot by sneaking in on the other border of our property and will likely do that the next time they decide to shoot if nothing is done to stop it in the meantime. Because it was Veteran's day, nobody was in at the DNR office so I plan to call again tomorrow to see what was said to him when they were there and to request copies of the reports. I left a message at the sheriff's department for reports and am going there tomorrow to follow up. State police is on my list to call if I get no satisfactory answers from DNR and sheriff and FBI is being added to the list. Lawyer is on the list for after documentation is all in order. Log of events is done thru today.

Going to get forester information now. I did see where you can sue for treble the damages.

 

[Dead Duck]

There are so many trees with holes and slugs in them that I can't count them. I'm thinking I need to take some spray paint and mark each one and then photograph an overall shot of them. That also lets the neighbor know that I am documenting the damage he has caused. I actually can film them from behind where they shoot by sneaking in on the other border of our property and will likely do that the next time they decide to shoot if nothing is done to stop it in the meantime. Because it was Veteran's day, nobody was in at the DNR office so I plan to call again tomorrow to see what was said to him when they were there and to request copies of the reports. I left a message at the sheriff's department for reports and am going there tomorrow to follow up. State police is on my list to call if I get no satisfactory answers from DNR and sheriff and FBI is being added to the list. Lawyer is on the list for after documentation is all in order. Log of events is done thru today.

Going to get forester information now. I did see where you can sue for treble the damages.

As far as painting the trees -
You might not want to let him know what your up to until you get all your ducks in a row.

Sneaky
Sneaky
Sneaky - then POW - let him have it.

Your lawyer will tell you.

 

[mom45]

Good thought on the painting. I'm just trying to figure out how to flag them all so that I could get a photo showing the overall damage. I won't do that until talking to the attorney. I could go out and put a small mark at the base of each one on the side that is not facing his property just to get a count of how many are affected. I found the list of foresters and that is printed out. That's it for tonight. I have an early meeting tomorrow.

 

[Expat]

Is it Christmas already... My how time flies...

 

[JetGirl]

Is it Christmas already...

I see what you did there.

I'm just trying to figure out how to flag them all so that I could get a photo showing the overall damage.

Camera flash on reflective trail tacks.
Mark the spots, counting as you stick them in the tree (so you know how many there are if you choose to retrieve them).

 

[Gluemanz28]

^^^^^Great idea JetGirl^^^^^^^

 

[ghuns]

Lobby your commissioners to pass an ordinance.

Making the perfect case for the Zionsville rural shooting ordinance.

The INGO solution for controlling neighborhood behavior is ordinances and code enforcement.

If an ordinance protecting you from your neighbors bullets leaving his property and entering your property isn't necessary, what could possibly necessitate an ordinance?

I'm not convinced that the op is a troll but I think its a possibility. This thread is making the case for the pro ordinance crowd in Zionsville. I'm just getting a kick out of all the tap dancing going on.

How does one argue for the necessity of an ordinance regarding eye sores but against an ordinance that could prevent another from shooting your eye out?

Ok, we get. You are opposed to ordinances and code enforcement. Not that we didn't already know it. But now the OP knows it too. So now that your INGO street cred has been confirmed yet again, do you have any constructive suggestions for her?
Or are bullets whizzing past one's head the price that must be paid for true freedom?

The OP's ability to use her private property is being infringed upon by her neighbors blatant disregard for her property rights and her safety. What is the exact mechanism, in a perfect anarchist utopia, for resolution to this situation?

 

[mom45]

I've never heard of those! Thanks

 

[churchmouse]

Ok, we get. You are opposed to ordinances and code enforcement. Not that we didn't already know it. But now the OP knows it too. So now that your INGO street cred has been confirmed yet again, do you have any constructive suggestions for her?
Or are bullets whizzing past one's head the price that must be paid for true freedom?

The OP's ability to use her private property is being infringed upon by her neighbors blatant disregard for her property rights and her safety. What is the exact mechanism, in a perfect anarchist utopia, for resolution to this situation?

 

[singlestacksig]

IC 14-22-10-1
Consent to use private land
Sec. 1. A person may not:
(1) fish, hunt, trap, or chase;
(2) shoot with any kind of firearm or archery equipment;
(3) search for or gather any plant life (defined as the members of the kingdoms Fungi and Plantae); or
(4) search for or gather any artifacts (as defined in IC 14-21-1-2);
upon privately owned land without having the consent of the owner or tenant of the land.
As added by P.L.1-1995, SEC.15. Amended by P.L.186-2003, SEC.59.

 

[hornadylnl]

Ok, we get. You are opposed to ordinances and code enforcement. Not that we didn't already know it. But now the OP knows it too. So now that your INGO street cred has been confirmed yet again, do you have any constructive suggestions for her?
Or are bullets whizzing past one's head the price that must be paid for true freedom?

The OP's ability to use her private property is being infringed upon by her neighbors blatant disregard for her property rights and her safety. What is the exact mechanism, in a perfect anarchist utopia, for resolution to this situation?

Without an ordinance, it seems the only recourse is property damage and endangerment. I have yet to see a viable argument making this a trespass issue.

If ordinances are the only method of preventing your neighbor from damaging your property values, why are they not a viable method to prevent your neighbor from lobbing billets on your property? It would seem that the LEOs personally involved with this situation no more about the legalities of the op's situation than all the Internet law ayers here and they're telling her that they have no legal channels to prevent this as it is now.

 

[mom45]

IC 14-22-10-1
Consent to use private land
Sec. 1. A person may not:
(1) fish, hunt, trap, or chase;
(2) shoot with any kind of firearm or archery equipment;
(3) search for or gather any plant life (defined as the members of the kingdoms Fungi and Plantae); or
(4) search for or gather any artifacts (as defined in IC 14-21-1-2);
upon privately owned land without having the consent of the owner or tenant of the land.
As added by P.L.1-1995, SEC.15. Amended by P.L.186-2003, SEC.59.

He is actually ON his land when he is shooting, and I have that statute printed out and laminated and hung on his fence in several locations between no trespassing signs so he should understand that he no longer has permission to set foot on our side for ANY reason. When he shoots a deer and comes on my property to retrieve it, he is going to really be in trouble. The DNR will be out here and he will be having charges against him if that happens. It's his bullets that are not staying on his property.

 

[JetGirl]

Without an ordinance, it seems the only recourse is property damage and endangerment. I have yet to see a viable argument making this a trespass issue.

Bullets hitting trees is not a trespass issue, and I think they'd have a hard time making it out like it is. It IS, however, a property rights issue.
Not unlike the over-spray of a neighbor's weed control chemical killing someone else's garden. At least that's how I'd see it.

 

[JetGirl]

When he shoots a deer and comes on my property to retrieve it

THIS^, however...IS.

 

[Dead Duck]

Without an ordinance, it seems the only recourse is property damage and endangerment. I have yet to see a viable argument making this a trespass issue.

If ordinances are the only method of preventing your neighbor from damaging your property values, why are they not a viable method to prevent your neighbor from lobbing billets on your property? It would seem that the LEOs personally involved with this situation no more about the legalities of the op's situation than all the Internet law ayers here and they're telling her that they have no legal channels to prevent this as it is now.

So Horny -

What would your next step be if this was your property?......Beer?......BBQ?......Naked Twister?

 

[SMiller]

He is actually ON his land when he is shooting, and I have that statute printed out and laminated and hung on his fence in several locations between no trespassing signs so he should understand that he no longer has permission to set foot on our side for ANY reason. When he shoots a deer and comes on my property to retrieve it, he is going to really be in trouble. The DNR will be out here and he will be having charges against him if that happens. It's his bullets that are not staying on his property.

Does Indiana law not allow a person to go on private land to track a animal once it has been wounded?

You are nicer then I am as if I was caught dodging bullets in a tree stand or taking cover behind a tree I would be doing full mag dumps as I run to get out of there!

 

[mom45]

It is illegal to track a deer or retrieve a deer on someone else's property without first obtaining permission from the property owner. If you wound it and they say no, you are not allowed to get it.

 

[Notalentbum]

Without an ordinance, it seems the only recourse is property damage and endangerment. I have yet to see a viable argument making this a trespass issue.

If ordinances are the only method of preventing your neighbor from damaging your property values, why are they not a viable method to prevent your neighbor from lobbing billets on your property? It would seem that the LEOs personally involved with this situation no more about the legalities of the op's situation than all the Internet law ayers here and they're telling her that they have no legal channels to prevent this as it is now.

Frequently, LEOs use their own discretion when to apply laws. The neighbor could be the sheriffs brother in law so he chooses to do nothing. No matter what, there is some law that could be applied to keep someone from shooting towards you while on your own property.
Everytime neighbor starts shooting, I'd be hollering at him that I'm in the woods and being shot at. I wouldn't be in direct line of fire though. Maybe a few gun blasts into the ground to get his attention and let him think you are returning fire if he doesn't stop immediately. You need to do something to ruin his fun everytime till he learns. Maybe even offer to use any earthmoving equipment you have to help him build a proper backstop.

Matt

 

[JetGirl]

Maybe she should deliver him an estimate of the cost to replace each damaged mature tree with a mature healthy counterpart. After all, that's damage he's responsible for causing to her private property.