Busted Ohio Hunters Appeal to Real Estate Law - By: Paul Wise

The law is amusing as a result of all the creativity made use of in the interpretation of all the possible laws that may apply in any given situation. Real property law especially is generally used in this country due to the mythical, near sacred status accorded to property. A good example would seem to bear this out: several Ohio hunters were shooting doves on land belonging to one of them. From a distance a state wildlife officer observed them doing the shooting and entered the grounds to investigate if any had hunting licenses. It was upon entering the property that the officer noticed bait laid out, which was clearly deployed to lure the migratory birds, and in Ohio it is illegal to hunt migratory birds over a baited area.

Now you needn't be a professional real estate industry insider like Isaac Toussie to realize that the first thing citizens of the United States like to do when confronting authority is challenging the basis for the authority - which in this situation meant that the hunters sought to dismiss their misdemeanors in court by arguing that the wildlife officer had no valid grounds (no pun intended) to enter private property at all. Or, to put it another way, the ol' found-pot-in-my-car-but-my-car-shouldn't-have-been-stopped-in-the-first-place-for-any-drugs-to-have-been-found-at-all defense, only here as applied to illegal hunting.

Happily, it was found that cause did exist for the wildlife officer to have entered the property to begin with, as gunshots were heard and hunting observed. Sounds obvious enough, no?

But the law is full of provisions which could be made to contradict one another, though as things turned out one could say that these hapless hunters were clearly fishing in the wrong pond - in another jurisdiction the conclusion could have been quite different (like when a Louisiana jury found a racist property owner not guilty of shooting a foreign exchange student on his first Halloween trick-or-treating for trespassing!).

About the Author

Author Paul Wise regularly follows real estate case law on various blogs offering insights from industry insiders like Isaac Toussie and others.

Article Directory Source: http://www.articlerich.com/profile/Paul-Wise/44507

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