# tree stands on public land



## big fish (Oct 9, 2005)

i was wondering if people who hunt out of tree stands on public land if you leave your stands out over night or whatever on? thanks for any help


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## M.Magis (Apr 5, 2004)

How bad do you want to get rid of your stand?


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## Header (Apr 14, 2004)

I'd say if no one saw you (can you be sure) and you left after night fall and returned before day light, you may have a 50/50 chance on it still there. Also would depend on how heavy it's used and what time of the season. I hunted Wills Creek the first of Nov. and hardly seen any one, but I would not leave my stand out.


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## thegcdawg (May 26, 2008)

Never have, never will.


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## negs (May 25, 2010)

i have in the past left my climber attached after an evening knowing that i would be hunting the same spot the next morning i also try to hunt farther away from the road then most guys and i try to be in my stand the next morning extremely early you do those two things and you shouldn't have any problems i never have


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## Big Country25 (Jun 23, 2008)

I put my ladder stand up at the beginning of the season and leave it up tell the end of the season. Not worried about someone stelling it as much as going to hunt and have someone already in my stand.


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## crittergitter (Jun 9, 2005)

Some of the public land areas I hunt have many stands up all season long. I have seen ladder stands and I know of a few hang-ons that are left up all year and have been there for about 4 years now. Some of these aren't even that hard to get to. However, on the flip side, my uncle put up a ladder stand on public land and it was stolen. I use a climber for the most part, but I have put up a hang on at the public land before. Any stand I put on public property, I will take it down a few days prior to gun season.


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## big_mike (Aug 2, 2006)

In Kentucky I had a stand stolen overnight on a hunt on Public Land, but in Ohio I have not had any issues with leaving a stand up for a day or two. I would not leave it up any more than that though.


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## TPaco214 (Feb 16, 2005)

M.Magis said:


> How bad do you want to get rid of your stand?


Amen to that Magis....Ive had no good fu%[email protected] boost climbers ive set up on private property. hell, one time i was sittin in my climber bowhunting private property i had permission for during an early morning on gun opener. around 8:15 i hear this loud commotion and behind me a group of about 5-6 jerkwads blasts through these private woods on their atvs chasin a small group of deer and blastin away with their shottys. pissed me off like nothin man. needless to say despite it being "private property", i dont hunt there anymore. such a shame b/c mornings there were always awesome. i say pack a climber in and out every time you hunt no matter how cumbersome and annoying it can be.


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## CasualFisherman (May 21, 2004)

I would not leave a nice one but I put up one or two on public land every year and leave them up all season. Usually they are the ugliest, rusted, bent ones that I own. I lock it to the tree and have yet to have one stolen. I figure that for someone to cut the chain and carry it a half mile to a mile all for a tree stand you could barely give away then more power to them.  I guess no one thought any of my stands were worth stealing. I am sure someday one will disappear but I have quite a long run so I won't feel too bad.


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## Huntinbull (Apr 10, 2004)

You guys realize that if you leave it on public land it isn't stealing for someone else to remove it. Div of Wildlife officer explained it to me like this... You put up a tree stand on public land and leave it, it becomes public property. Can't complain if someone else uses, moves, or takes it. And if it damages the tree you can be cited.


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## ezbite (May 25, 2006)

Big Country25 said:


> I put my ladder stand up at the beginning of the season and leave it up tell the end of the season. Not worried about someone stelling it as much as going to hunt and have someone already in my stand.


this is my only concern. as far as someone taking it, if its properly marked with your name and address and somebody takes it, that is stealing. mine stay up all season long and nobody has ever stolen one because i like to use heavy chain and a quality lock on the stand and cable with lock on ladder. however some yeeha did this to my ladder last year, notice the cable and lock right where they broke it off. its to bad too, because thats a great area.


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## bobk (Apr 30, 2004)

Huntinbull said:


> You guys realize that if you leave it on public land it isn't stealing for someone else to remove it. Div of Wildlife officer explained it to me like this... You put up a tree stand on public land and leave it, it becomes public property. Can't complain if someone else uses, moves, or takes it. And if it damages the tree you can be cited.


That is not true. It is considered stealing.
Sorry about your steps Tom. That would make for quite a jump first thing in the morning. Nothing worse than a thief.Not even an Ex wife!


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## M.Magis (Apr 5, 2004)

bobk said:


> That is not true. It is considered stealing.


Can you provide some sort of proof? Not saying your wrong, I just don't know. If I leave something in a parking lot and someone takes it home later, that's not stealing.


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## Fish-N-Fool (Apr 12, 2004)

I have heard this explained at Division 5 Headquarters in Xenia as HuntinBull said. We all know it is wrong to take something that isn't yours.....but in this case it is not illegal in the state of OH.

I've never hunted out of another man's stand unless he invited me to do so.....wouldn't be right IMO. But that is an entire different debate.


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## Alter (Apr 8, 2004)

bobk said:


> That is not true. It is considered stealing.
> Sorry about your steps Tom. That would make for quite a jump first thing in the morning. Nothing worse than a thief.Not even an Ex wife!


I agree with Huntinbull.

Obviously, you and I probably everyone on this forum feels it is stealing and is morally wrong but legally an item that has been "abandoned" can't be stolen. Leaving your stand on public property, land that you have no claim to or control over, when you are not present certainly would be categorized as abandonment. I imagine it is debatable how long you would have to leave the stand unattended before it was clearly abandoned (2 days, 2 weeks, 2 months) but eventually you've given up claim to it whether or not your name is on it.

Steve


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## bobk (Apr 30, 2004)

M.Magis said:


> Can you provide some sort of proof? Not saying your wrong, I just don't know. If I leave something in a parking lot and someone takes it home later, that's not stealing.


I had a ladder stand stolen when I used to hunt public land.I knew of a couple other guys hunting the land. My stand came up missing . We (cops) went to the guys house found the stand with proof of my name on the stand and he wa prosecuted. I was told at the time it was no different than someone stealing my traps out of a river. I guess that is not really proof Magis just what I went through.
If a guy has a stand in a tree with a chain on it and is marked with his name on it in season I don't see that as abandonment. The law states the stand must be removed the last day of season. If left up after season then maybe abandonment.
Bob


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## bird-dogman (Apr 7, 2010)

Every spring while turkey hunting at Salt Fork I leave my kayak unattended. So if someone STEALS it they actually haven't. 

And the perpetrator actually never thought that he/she was STEALING. Interesting!!!

What about my car parked in the parking lot on state land.

Yes, I do realize there is a difference but, when we all begin living by the letter of the law versus the spirit of the law where will it all end?????


Jim


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## ezbite (May 25, 2006)

i think the important thing to remember here is, if you have a tree stand marked with your name, address as it is suppost to be, you are doing everything by the rules and someone takes it, thats stealing. no gray area at all. you stole my property. now if its out there without any kind of ID and someone takes it, i guess the game wardens see that as OK, i dont, its not yours and you are stealing. im sure game wardens and prosceutors have a difference of opinion here. but enought of this, come on 27th, yea, i cant get out till 2 days after opener


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## bobk (Apr 30, 2004)

I just got off the phone with the zone office of the odnr. They said it's best not to leave a stand in the woods. But, it is personal property and if stolen you can pursue it but not through them instead the sheriff's office. Sad that this is even a subject. People should just leave stuff alone that isn't theirs.


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## Alter (Apr 8, 2004)

bird-dogman said:


> Every spring while turkey hunting at Salt Fork I leave my kayak unattended. So if someone STEALS it they actually haven't.


Obviously, it would depend on how long you are away from the kayak. Unless it is in a designated area that you have a claim to (boat stake, marina, etc.) you can't leave your kayak there indefinetly. 



bird-dogman said:


> What about my car parked in the parking lot on state land.


Leave your car parked in a lot on state land long enough and see what happens to it . 

I think it is obvious that time is always a factor in determining whether or not something has been abandoned. How long is too long probably depends on what is abandoned, where it is left, and the person making the judgement. For instance, marinas in Ohio can declare an unwanted boat abandoned after 6 months. If it is valued under $10,000 they have to try to contact the owner and give the owner a set period of time to pick the boat up. If the owner doesn't get it they can auction the boat off. There are guidelines for boats abandoned at marinas since it happens frequently. There are guidelines for possessions left behind at a rental property as well I believe. I imagine there are guidelines for cars too. Other cases that are less frequent are probably open to more legal interpretation.

To me, leaving a tree stand up overnight during the season seems very reasonable; leaving it up all season seems reasonable; leaving it up year round: not so much.



bird-dogman said:


> Yes, I do realize there is a difference but, when we all begin living by the letter of the law versus the spirit of the law where will it all end?????


I totally agree and I agree it is sad that we even need to think about it but it is nice to know how the letter of the law might be interpreted.

Steve


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## wallydog (Jun 10, 2005)

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I set up stands and leave them for the season on Public property and expect someone to steal it.....thats why i buy stands on sale at dicks and maybe have 70 bucks invested in the sticks and the stand.....I have yet to have 1 come up missing in 20 years...I drag them pretty far in with a sled and then take the sled with me.....If someone wants to haul a heavy stand out a mile or more where I hunt.....It's their's. it is the chance I take.....I do not leave my summit climber in the woods with out me in it though......
to take (the property of another or others) without permission or right is the definition of stealing... coming across one in the woods doe's not give anyone the right. whether on public property or not. live by those words and no bad karma will come find you 
Bottom line is expect them to be taken and suck it up and move on if it happens.


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## Huntinbull (Apr 10, 2004)

I want to ammend my statement. I (seriously capitalized pronoun) would not take a stand left on public land. I was relaying the information told to me by a county wildlife officer. I agree it would be "wrong" (against my morals, not the letter of the law) to remove or even use someone elses stand without permission. I don's want to be misunderstood or thought poorly of because of a vaguely worded post.


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## bird-dogman (Apr 7, 2010)

I understood your post as a reiteration of the "county wildlife officers" explanation! 

However, it never hurts to clarify.

Happy Hunting !!
Jim


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## Weekender#1 (Mar 25, 2006)

I have 12 stands out now and they do not even get good until the 2nd year out in the woods. Once someone took my bow holding hook, and once a tree fell on my stand, but knock on wood never has a stand been stolen. I have some stands up that are probably collectors items as the first of a kind. But in the last few weeks I went and checked them each out and I am ready to rock. I only take down my cup holders as they fall apart in the weather. The only Game Warden saying the guy can take your stand off public land is one lazy SOB, please have him taken off my payroll.


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## Scum_Frog (Apr 3, 2009)

I'd check what division runs the public land and there take on it....my buddy works for one and they do NOT allow any lock on stands on there property....if they find one he said they consider it that they got a new stand because they will remove it and keep it. So check your rules. Climbers are the only safe route to go unfortunately....unless you throw up a cheapy and do not care if its stolen. Ive been people put on a lock on tree stand and hide climbing sticks a little ways away from the stand and go that route. just an idea


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