Question

[JeffJ]

Simple answer: Would be charged with trespassing. Also, Im sure they could tack on something related to illegal taking of state resources. Also, a charge related to transporting native game without proper permits would seem to apply.

You picked a creative way to stir the pot this time.

Real life experience: One of our neighbors TTT'd a bunch of deer from their awesome place in ST. Somehow a tagged buck got on our place. Nothing they can do. PS- it looks to be a nice 1 or 2yo 11pt.

[RiverRat1]

Whether it was theft or not you would be taken to civil court and have to pay for the cost of the animal.

Who would you pay? The State who owns the deer? You didn't steal from them as the deer is still running around, just not behind the HF. Or the HF owner who no longer has possession of the deer he never owned?

Man I'm glad I don't hunt in San Saba...

I hunt in east Texas. Just says San Saba to throw people off

None of this is correct.

Please enlighten us what is correct.

Simple answer: Would be charged with trespassing. Also, Im sure they could tack on something related to illegal taking of state resources. Also, a charge related to transporting native game without proper permits would seem to apply.

You picked a creative way to stir the pot this time.

Real life experience: One of our neighbors TTT'd a bunch of deer from their awesome place in ST. Somehow a tagged buck got on our place. Nothing they can do. PS- it looks to be a nice 1 or 2yo 11pt.

We all know if a deer escapes it's fair game. Unless it's tagged then that's a different topic.
I'm not saying to go onto the property, dart, load in a trailer, and put a collar on a deer. Just Hypothetically find a way to transport deer from behind the HF over onto another property. See post 20 for example. Or maybe a place the HF washed out where one corned a bunch to lure them through.

So definitely not trespassing. And you don't take possession of the deer as it's still running around.

[Sippy]

Please enlighten us what is correct.



We all know if a deer escapes it's fair game. Unless it's tagged then that's a different topic.
I'm not saying to go onto the property, dart, load in a trailer, and put a collar on a deer. Just Hypothetically find a way to transport deer from behind the HF over onto another property. See post 20 for example. Or maybe a place the HF washed out where one corned a bunch to lure them through.

So definitely not trespassing. And you don't take possession of the deer as it's still running around.

To the first comment, there is no regulation requiring you to remove or push out native deer before you complete a fence. Also, white-tailed deer are not considered livestock in Texas no matter if they are low fenced, high fenced, or in pens.


If a fence washed out or there was a gap you didn't create and you bait them out, completely legal. Unethical? Up to you.

[JeffJ]

We all know if a deer escapes it's fair game. Unless it's tagged then that's a different topic.
I'm not saying to go onto the property, dart, load in a trailer, and put a collar on a deer. Just Hypothetically find a way to transport deer from behind the HF over onto another property. See post 20 for example. Or maybe a place the HF washed out where one corned a bunch to lure them through.

So definitely not trespassing. And you don't take possession of the deer as it's still running around.

Even if it is tagged you cant do anything to recover. Their may be some exceptions for deer that escaped from a licensed breeder facility...I'm not 100% on that.

You could apply for a TTT permit then legally move the deer...pretty sure that involves a biologist and TPWD.

If a fence washed out you could be a good neighbor and let the LO know, or you could bait them out I assume. If your neighbor found out legally he couldn't do anything...but don't plan on ever needing a favor from him or any of your other neighbors.

[RiverRat1]

For all you guys thinking I'm trying to steal a deer you couldn't be more wrong. I already have more deer than I need.

I was just seriously wondering if it would be considered stealing in a court of law. I understand they could/probably would bust you for anything else they could throw and make stick.

[Ætheling]

To my understanding if anything gets out of a high fence and it's in season, it's fair game to kill.

Now if you take a pair of wire cutters, blow dart some Rompin in to a 284 class pen raised WT, wrestle it to your bondo'd 1992 Ford Taurus with the "my redneck child beat up your honor student" bumper sticker, and the Tres Locos malt Liquor on the floor board and black and mild cigars on the cracked dash...and stuff it in the trunk AND drive off...

It could be considered felony theft and trespassing...in most counties west of I-45.

But I don't like to make generalizations...


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That is an overly detailed description of a possible abduction that occurred, anything you want to share with us?

[BURTONboy]

Seems pretty simple to me. If you cut their fence it's against the law. If the fence washes out and you bait them over, you did nothing wrong. You didn't touch their property, you just took advantage of a bad situation for them. If you bait them heavy enough that they possibly jumped over the fence, you did nothing wrong, you just put some feed out and happened to gain another animal. Never cut anybody's fence, it's against the law and can get you in trouble. That's their property they paid for and you shouldn't modify it without permission.

[careybirdwell]

If you "steal" it I would imagine theft is against the law. If it somehow showed up on your place without your help, it wouldn't be "stealing"

[bowhunterchris]

if i understand correctly, when a high fence goes up, they are "supposed" to make every effort to remove all native TX deer. then stock it with whatever deer they purchase, making them livestock. so they would own the deer, and it would be theft of livestock

If it is livestock and they own the deer would they be able to kill and butcher them whenever they want or only during deer season?

[Bisch]

I respect you as a long time member here, but you sure are making quite a few ignorant generalizations.

Well, I'm not sure about all that, but I know the everyday guy did not push to get high fences way back when all this started. Like I said above, I understand all the mgmt perspectives, and advantages of high fences. I just don't think it should be legal for a person to take a resource that is supposed to be property of the people of the state and make it where only he can use it as he sees fits.

I really hate even responding to these threads (but every once in a while I let myself get sucked in) because there is no way we are ever going to agree on the way we see this issue.

Bisch

[Rtree1]

Justification , terrible human trait

[gtsticker]

if i understand correctly, when a high fence goes up, they are "supposed" to make every effort to remove all native TX deer. then stock it with whatever deer they purchase, making them livestock. so they would own the deer, and it would be theft of livestock

This is not correct.

[Jmh05]

Secondly, WT are not livestock per TWPD. That's why you are regulated to their seasons and they can come in and kill all of your pen raised deer. The state owns them, whether they were native or you paid for them.


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[gtsticker]

No it is not theft because the deer is not owned by the land owner. If it is a breeder deer then yes you might have case but technically the deer belong to the state so it would be up to the district attorney.. Crime would be trespass and criminal mischief for cutting the fence.

It like someone stealing a fish off anothers trot line. the fish are not owned by anybody so there is no theft.

[Jmh05]

That is an overly detailed description of a possible abduction that occurred, anything you want to share with us?

Haha no just imagining how the OP would pull this off...haha j/k.


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