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We are discussing a road killed buck in the WTD forum and wondered what the actual LAW says about possesion of a road killed deer.
I say driver gets 1st "dibs" on a deer hit with his vehicle. We were wondering if the landowner of the land it comes off of or ends up on has any say about this. Thank You.

-Bob:)
 
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Sprytle said:
We are discussing a road killed buck in the WTD forum and wondered what the actual LAW says about possesion of a road killed deer.
I say driver gets 1st "dibs" on a deer hit with his vehicle. We were wondering if the landowner of the land it comes off of or ends up on has any say about this. Thank You.

-Bob:)
I was a little more verbose.....

OK, this comes from a first-hand, recent experience. I don't want conjecture, opinions, hyperbole, tradition, woulda, coulda, or "in my opinion". I simply want to know what the current law states, if there any such animal!

Here's the scenario....

A huge, 17 point, 200-class, Boone and Crockett, "buck of your dreams" steps out of the woods and into the path of your vehicle. You do everything you can do to avoid it, but, "smack" , your vehicle and the deer collide. The deer runs off the road onto the front lawn of a private citizen's home and it expires right there in front of the family room window while the kids are there watching reruns of The Waltons.

Some questions (remember "FACTS" only, not conjecture)

1. If the deer is still alive, does anybody have the right to come onto the private property of another person to "put this deer out of its misery", irrespective of their own personal motives to claim the animal, no matter if they were the driver of the vehicle having the colision with the deer? I do not include law enforcement/DNR is the anybody statement)

2. Please cite the actual chapter and verse of the Michigan law that defines who is entitled to claim ownership and thus, take posession of the dead deer if the deer is laying on private property? (versus, on the shoulder of the public road).

3. Would a landowner have the right to ban people from entry onto his/her private property, so as to prevent recovery of the deer that was collided with a vehicle even thoug it occurred on a public road?

Again, facts and law, not conjecture.
 

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1. If the deer is still alive, does anybody have the right to come onto the private property of another person to "put this deer out of its misery", irrespective of their own personal motives to claim the animal, no matter if they were the driver of the vehicle having the colision with the deer? I do not include law enforcement/DNR is the anybody statement)

As you stated, not including LEOs, nobody has the "right" to put the deer out of its misery including the land owner unless it is during deer season and the land owner has the proper tag and kills the deer with the proper weapon and tags it

2. Please cite the actual chapter and verse of the Michigan law that defines who is entitled to claim ownership and thus, take posession of the dead deer if the deer is laying on private property? (versus, on the shoulder of the public road).

I assume you are talking about deer hit by a vehicle only here.
4.5 Possession of road-killed wild animals.
Sec. 4.5. A person may possess a road-killed wild animal only as provided for by this section:
(1) For purposes of this section "nongame" means all wild birds and wild mammals not defined as game by section 4 of the wildlife conservation act, Act No. 256 of the Public Acts of 1988, being section 300.254 of the Michigan Compiled Laws.
(2) Road-killed nongame mammals, except for mammals protected by the endangered species act, being Act No. 203 of the Public Acts of 1974, may be kept by any person at anytime without a permit. Mammals protected by the endangered species act may be possessed only in compliance with that act.
(3) Road-killed nongame birds, except for house (English) sparrows, European starlings, feral pigeons, or endangered or threatened species, may be kept only by a scientific or educational institution with a permit from the director for scientific or educational purposes. House (English) sparrows, European starlings, or feral pigeons may be kept by any person at anytime without a permit. Birds protected by the endangered species act may be possessed only in compliance with that act.
(4) Road-killed game animals, except for a spotted fawn, cub bear, or migratory birds, may be kept by any person without a permit if the hunting or trapping season is open for that species where the animal was killed and if that person has a valid license for taking the animal. A road-killed game animal shall be included in the daily, possession, and season limit. A spotted fawn, cub bear, migratory game bird, and all other game animals killed outside of the open season may be kept only by a scientific or educational institution with a permit from the director for scientific or educational purposes and applicable federal permit.
(5) Notwithstanding the provisions of subsection (4), a road-killed deer that is not spotted, or an adult bear, may be salvaged for food by anyone at anytime with a permit from the director as provided by section 5.10.
(6) A road-killed wild animal from outside the state of Michigan may be kept only by a person who can show proof that it was legal to take or possess that animal in the state where it was killed.
History: Am. 2, 1991, Eff. June 1, 1991.

5.10 Highway killed deer and bear permit, issuance; prohibited acts.
Sec. 5.10. (1) A deer or bear killed by collision with a motor vehicle, or so injured that it must be killed, may be possessed by a person only if that person has obtained a highway killed deer and bear permit. The highway killed deer and bear permit may be issued by a police or peace officer investigating the motor vehicle collision upon a form prescribed by the director according to the following rules:
(a) The driver of the damaged vehicle shall have first priority to the highway killed deer or bear.
(b) A highway killed deer and bear permit shall not be issued to possess a spotted fawn or cub bear.
(c) A person possessing a highway killed deer or bear shall immediately produce the highway killed deer and bear permit upon the demand of a conservation officer or peace officer. Within 24 hours following the issuance of a highway killed deer and bear permit, a person possessing a highway killed deer or bear carcass shall securely attach the permit to the carcass. The permit shall remain attached until the carcass is processed or butchered for consumption.
(2) A permit authorized under this section may be issued by a conservation officer to dispose of the carcass of a deer or bear which was otherwise accidentally or unlawfully taken, or unlawfully possessed.
History: Eff. Mar. 31, 1989; Am. 15, 1989, Eff. Sept. 1, 1989; Am. 3, 1996, Eff. Apr. 11, 1996.


3. Would a landowner have the right to ban people from entry onto his/her private property, so as to prevent recovery of the deer that was collided with a vehicle even thoug it occurred on a public road?

Yes, no different that the regular hunting season you just can't go on the property of another however the landowner could not have the deer and a LEO can go and retrieve the deer and give it to the driver regardless of the objections of the property owner.

Since you wanted (kind of demanding) the actual law I thought about just providing the link to the law and let you read through it youself but I thought I'd be nice for a few more weeks at least.;)
 
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....for the thurough and finite information. Apologize if I came off as "demanding". Simply a brusk writing style meant to ward off unfounded opinions not based upon fact. I will be kindler and gentler in the future.
 

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No problem, my opinions in this forum is always based on fact and how the real world works.;)
 

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Boehr,

Why do they not issue road kill permits for a "spotted deer or bear cub"?

What happens to them?
 

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omega58 said:
Boehr,

Why do they not issue road kill permits for a "spotted deer or bear cub"?

What happens to them?
One of the reasons and my biggest reason is because spotted fawns and cubs, if purposely hit would cause little if any damage to a vehicle and there are people out there who would love to have a glass enclosed coffee table with a spotted fawn in it. Much of the same reason there is no such road kill permits issued for turkeys, pheasants etc. Prevents being purposely hit, little if any damage.

They are disposed of, sometimes feed to other animals and sometimes donated to educational facilities (schools, colleges etc.) just like birds of prey etc.
 

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boehr said:
One of the reasons and my biggest reason is because spotted fawns and cubs, if purposely hit would cause little if any damage to a vehicle and there are people out there who would love to have a glass enclosed coffee table with a spotted fawn in it. Much of the same reason there is no such road kill permits issued for turkeys, pheasants etc. Prevents being purposely hit, little if any damage.

They are disposed of, sometimes feed to other animals and sometimes donated to educational facilities (schools, colleges etc.) just like birds of prey etc.
Thanks, that is what I was wondering.

Funny thing about mentioning pheasants, my mom hit one when I was back in high school on the US 10 near Clare. It was flying and went right through the windshield. . .and I have seen someone hit a turkey with some small car, it wasn't pretty.:dizzy:
 

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Didn't say it can't cause damage but when pheasants or turkeys are alongside the road and ran over there likely won't be damage. And unfortunately, poachers do that of course, some do it for deer too and sometimes we can catch them and prove it, sometimes we can't prove it.:)
 

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Interesting topic. I had a deer get hit by my place Saturday. Offered to put it down with a 22 to the head to stop it's misery. The kid said they had a 22 allready. Came out with a shotgun and let it have it. The kid did not have permission to be on that property and the land owner was watching. They quick threw it in the truck and took off before the cop arrived. I am not sure if the cop figured out what happened or not. Saw him drive by many times that day.
 

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Boer does this mean the cop does not HAVE to issue the permit. What reasons would he need to not issue a permit? My buddy is a cop and he told me there was no law that he has to issue a permit. IF someone hit's a big buck it would be very likely he would take it home himself before he would issue the permit. I'm just curious if a driver pressed the issue, would the officer HAVE to issue the permit. Thanks
 

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There is no law that mandates a permit to be issued. If any cop refused to issue a permit and took a deer for his/her own use then the cop could be in trouble. As far as reasons, a fawn, deer being collected by Wildlife Division (rare but has happened), a big buck being used for a specific undercover operation (which there would be a paper trail for documentation purposes) or there was a suspicion that a person hit the deer intentionally. There are some of the reasons. So no, if the driver pressed the issue a permit would still not have to be issued but there must be a reason.
 
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