Is taking morels more than trespassing?

[omega58]

I've tried to look this up through old thread and the DNR website, but still not sure?

We have found people before taking morels off our property, is this considered more than trespassing and what is the best thing to do? Who to call?

I figure when the grocery store sells them at $40.00 per pound, there might be more than just trespassing?

Thank you.

[Jason Adam]

I dont see how it couldnt be. If someone steals your corn, your pumpkins, your cows, or your car, its all theft.

[duckman#1]

PM with the exact location those morels grow, and I'll investigate:evil:
Isn't there a old law on the books allowing hanging from a tree for such an offense?:yikes:

[boehr]

I don't believe a judge or prosecuting attorney would go with anything more than trespassing.

[omega58]

I don't believe a judge or prosecuting attorney would go with anything more than trespassing.

Thanks, I guess I will try to get their 4-wheeler information next time I see them.

[FREEPOP]

A digital camera works very good for trespassers and/or violators. Get a pic of the license plate of the car or the ORV sticker and as good a pic of them as you can. I worked with a CO to get some long time poachers in my area. I wouldn't leave out the fact that they took something from your property and the costs involved, as it could be considered during sentencing.
This advise will cost you 1 pound of mushrooms ;)

[omega58]

A digital camera works very good for trespassers and/or violators. Get a pic of the license plate of the car or the ORV sticker and as good a pic of them as you can. I worked with a CO to get some long time poachers in my area. I wouldn't leave out the fact that they took something from your property and the costs involved, as it could be considered during sentencing.
This advise will cost you 1 pound of mushrooms ;)

I'll leave a sign and tell them to leave a pound for you.:lol:

[FREEPOP]

:lol:

[lwingwatcher]

Thanks, I guess I will try to get their 4-wheeler information next time I see them.


The best way to get that is to have their 4 wheeler sitting in your drive way when LE shows up to take the complaint.:evilsmile :evilsmile

I had a tresspasser steal a tree stand, put it in his trunk and then go hunting. Duh...he left his keys on the floor.

LE wanted to know how I knew that my tree stand was in his trunk. When I held up the car keys and smiled....well....you get the idea.

No Prosecutor is gonna mess with a larceny of mushroom complaint so...you just have to play the game so it sends the message that you want to send.

Remember, they gotta park that machine some time...and that is your time...:evilsmile

[tdejong302]

Leave a note on their 4 wheeler letting them know whats good for the goose is good for the gander. If they don't mind taking your property next time their property ie... 4 wheeler might be gone. :evil:

I may have missed it in the posting but have you talked to them about it. Or is your land posted. Sometimes these do help avoid problems. Not always, sometimes.

[Rudi's Dad]

A picture is worth a thousand words.
Thats why I HATE quads and the like. Makes it too easy for folks to be trespassers, even if they figure they are just passing thru.

[Redshirt]

I've tried to look this up through old thread and the DNR website, but still not sure?

We have found people before taking morels off our property, is this considered more than trespassing and what is the best thing to do? Who to call?

I figure when the grocery store sells them at $40.00 per pound, there might be more than just trespassing?

Thank you.

You might not even have Recreational Trespass 324.73012.
One of the following has to exist; farm property, wooded area connected to farm property, fenced or enclosed, or posted in a conspicuous manner against entry (signs must be not less the 50 square inches).

Be prepared to go to court if the trespasser pleads not guilty. Depending on the county prosecutor, you will be most likely required to testify in court; that you own the property and that you didn't give the trespasser permission to be on your property. If you fail to show up in court, the ticket (case) is usually dismissed.
324.73109 states; the owner of the property on which a violation of this part is committed, or his lor her lessee, may bring a cause of action against a person who violates this part for $250 or actual property damages, whichever is greater, and actual and reasonable attorney fees.

This means you would have to weigh the mushrooms a get a price of what they are worth and fill out the appropriate paperwork.

You have the right to have the ORV towed from your property at the owners expense. I would stay away from this and use it as a last option.

Hope this gives you something else to consider.

[kdogger]

I figure when the grocery store sells them at $40.00 per pound, there might be more than just trespassing?


I'm no law expert, but I wonder if a civil suit would be in order, if you were able to prove they took a certain weight and the value of that weight.

If someone illegally cut down your trees, you are entilted to damages for them, right?

I don't see why the same logic wouldn't apply to a morel growing on your property.

[Frantz]

Is it leagal as the landowner for you to take their quad under the assumptionthat is abandoned, obviously nobody would trespass on your property so it must be abandoned and the police called to come claim the property.

[omega58]

Just to asswer a few questions. .the property is posted and there is also a gate, and they have been warned before in prior years. They know that they are on our property, but they must figure since they don't get caught 99% of the time, why quit? They also have "free reign" of the property next to us, so at least they are not picky on where they trespass, and who knows, maybe hunt?

I just hope I catch them this year and can finally get the law involved.

[ron doster sr]

What about chaining and locking this guad to a big tree and then call the sheriff about the trespass and you have the evidence. This should iliminate future problems and no one could question the trespass:D

[lostyooper]

Is it leagal as the landowner for you to take their quad under the assumptionthat is abandoned, obviously nobody would trespass on your property so it must be abandoned and the police called to come claim the property.


2 wrongs dont make it right. stealing the quad is just lookin for trouble.thats how things go from bad to worse real quick. let the REAL law handle it. law officers and judges dont like people taking the law into their own hands. your posted you have the law on your side use it .

[wyle_e_coyote]

You have morels out there Randy??....hmmmmmm, where'd I put that map....:lol: