[quote=bigt][quote=hawndog]
There is no reason the 10 lost days of dog season cannot be added to January.
Oh theres plenty of reason why it shouldnt be added back. All i am going to say is you dont get rewarded for continually causing problems. And i applaud the board for having the backbone and making the right decision.
You speak out of ignorance.
Dog hunting has been banned where people own land and hold leases that didn't even dog hunt, including the 6500 acres we lease.
You're supporting bureaucrats that set hunting seasons for unlawful reasons. Landowners and leaseholders who have problems with other people and their dogs trespassing and committing other criminal acts have both criminal and civil remedies they can pursue in court if they are willing to do it.
Closing hunting seasons is a ridiculous substitute for due process of law. Authority delegated to the CAB and DCNR to set hunting seasons has never included punishment for crimal acts or as a remedy for civil trespass or nuisance. It certainly never authorized punishing the innocent along with those who have been accused of wrong but have never had their day in court to determine guilt or innocence.
Maybe they will ban your right to hunt if you post your opinion on an internet forum because some people use internet forums to break the law and harass other people. That makes just as much sense as banning dog hunting just because some people are too lazy to pursue their claims in court where it will be fairly determined if they even have a valid claim or not.
Section 9-2-7
Commissioner of Conservation and Natural Resources - Powers and duties as to game, fish and seafood generally.
(a) The Commissioner of Conservation and Natural Resources may enforce and administer all laws providing for the preservation, protection, propagation, and development of wild birds, wild fur-bearing animals, game fish, saltwater fish, shrimp, oysters and other shellfish, crustaceans and all other species of wildlife within the state or within the territorial jurisdiction of the state which have not been reduced to private ownership, except as otherwise provided.
(b) The commissioner is empowered to do all of the following:
... (7) To close the season of any species of game in any county or area when, upon a survey by the department, it is found necessary to the conservation and perpetuation of such species and to reopen such closed season when it is deemed advisable.
Trespass and nuisance claims have nothing to do with the conservation and protection of game and fish. Take a little time to learn about civil trespass and nuisance here:
While the theory of trespass was traditionally the vehicle to remedy all
injuries done against person and property, trespass on the case was the theory
for recovery for all injuries that were indirect.4 Historically, a specific
interference with one�s property had to be proven before any trespass remedy
would be granted.5 Today an indirect interference with one�s property
constitutes a trespass provided there is proof of negligence or intent.6 Trespass
claims are now virtually indistinguishable from negligence claims because both
require that a person should have foreseen that his or her act would cause
damage to another.
Trespass and nuisance claims tend to coincide and are often alleged
simultaneously. Ala. Code (1975) � 6-15-20 defines a nuisance as �anything that
works hurt, inconvenience or damage to another.� Although trespass and
nuisance claims offer similar remedies�an injunction or damages�they are not
mutually exclusive. The difference lies in whether there was an interference with
exclusive possession of property or an interference with the use and enjoyment
of property.8 Unlike a trespass action, a nuisance action can be caused by
intentional, involuntary or negligent conduct.9 According to Ala. Code � 6-5-120
(1975), damages for a nuisance may exist even if there has been no finding of
negligence. ...
Section 6-5-210
Rights above and below surface.
The owner of realty having title downwards and upwards indefinitely, any unlawful interference with his rights, below or above the surface alike, gives him a right of action.
(Code 1907, �2457; Code 1923, �5663; Code 1940, T. 7, �87.)
Section 6-5-120
Defined.
A "nuisance" is anything that works hurt, inconvenience or damage to another. The fact that the act done may otherwise be lawful does not keep it from being a nuisance. The inconvenience complained of must not be fanciful or such as would affect only one of a fastidious taste, but it should be such as would affect an ordinary reasonable man.
(Code 1907, �5193; Code 1923, �9271; Code 1940, T. 7, �1081.)
