Shooting trespassing animals

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ol' scratch

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I just returned from my grandfathers house in Michigan. He lives in the country and now has a neighbor. The neighbor for whatever reason loves ducks and geese, so much in fact he has 75 on a three acre parcel. They share a pond and the ducks and geese are always on grandpa's property. They do what ducks and geese do naturally, so the land is mined if you catch my drift. The pond has turned from clear to pea soup green. Both he and my uncle have tried to reason with the neighbor. The neighbor doesn't seem to care. Being an 83-year-old man, my grandpa wants to apply the three S's to the problem (Shoot, Shovel and Shut-up). Could this land him in court? Duck and Goose season is coming up, if I got a license and stamp, could I shoot the stray ducks and geese?
 
As far as I know here in North Carolina we can shoot anything on our property (not humans) that is a pest. Deer can be shot even out of season if they are causing problems. I don’t think if you had a lot of land with deer you can hunt year around but if there a problem I think you can.

Notice the i think and as far as i know this is just to cover my butt if I’m wrong.

We shoot stray dogs, deer, and bobcats, anything that is on our property. In the county i live in there is a leash law so if your neighbor’s dog is in your yard without a leash then you can shoot at will.
 
I haven't a clue about Michigan. Here (Alabama)ALL birds are protected by law(other than gamebirds during their respective hunting seasons)except blackbirds,starlings,crows and sparrows. It is a felony to kill a dog or cat here except in self defense (and you better have witnesses). This would be a case of reporting the nuisance to the local LE,I would think.
 
Where I live in NC, if you shoot a neighbor's dog, you better have NO witnesses, a stout loader-tractor, and a remote place to dig a deep hole pronto. :D

Les
 
Michigan. Think "Michigan". If you're not in Michigan, whatever laws apply to you don't apply in Michigan.

If the geese and ducks are domestic, it sounds like free supper. If they're wild, state and federal laws apply.
 
Could this land him in court?

Anything that upsets another person can land someone in court. It has nothing to do with whether they are in the right, legal or not.
Just about anyone can sue over most things. It just has to be presented a certain way by a competent attorney that presents it as close to applicable law as possible for that location.

For example I have seen people completely make up false things, sue over them, and while not winning cost the sued person tens of thousands of dollars fighting a case over a year or two.
So the fact that the other fabricated things out of thin air to be spiteful to a disliked neighbor did not relieve them of the cost to defend themselves in court.
Multiple motions to extend and delay filed by the suing party, who had no factual case, resulted in the other attorney needing to match each filed motion with additional paperwork. Each time charging for many hours of work.
Since they knew they couldn't actually win they just filed for numerous delays and various motions to cause the sued party a lot of legal costs. Then they dropped thier case when they saw they could not outspend the person they sued.
Keeping a counter suit alive to try to reclaim some of those lost funds would have required tens of thousands more, and it would have been an uphill battle for them to show the lawsuit was only for malicious punishment and not at least believed by the other party.


If someone was crooked and did not like the T-shirt you wear around the neighborhood they could think of some random or exaggerated thing to sue you for. Perhaps claim they walk across your yard and have been for years, and sue for an easement (does not have to be true or have any basis in reality.).
Then they can spend tens of thousands, and require you to spend similar amounts to counter every filed motion with legal paperwork from your own lawyer.
Someone can extend, postpone, dismiss, re-file, and file dozens of similar motions without ever actually getting to the real facts and details of the case or a conclusion.
If they know they can last longer than you can, then they can destroy you even without a case as long as they are willing to lose around as much money as they want thier victim to lose.


Something a retired person with a fixed or limited income should consider.
Of course a retired 80+ year old man losing all he has without many years left of life may also pose a threat to such a dishonest person and not care so much about the consequences.
So both sides should consider potential consequences of actions.

So yes something that upsets another person can always land you in court, legal or not. But being a pushover also means others will just walk over top of you and your rights.
So it is for each man to choose his own battles, because the consequences of each decision will effect them more than anyone else.
 
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I know when I lived in MI anything causing property damage that was not a protected species was fair game.

On that note though I would still call the police first so if you need to go to court later you will have that on your side. More than likely the police officer will say in a whisper as he is about to leave, "hey, wait until the guy goes away and have at it with a 22. Oh yeah, I never told you this."
 
One thing you should check is the actually municipal ordances for raiseing farm animals. After all the bird flu scares that caused so many poultry animals to be killed off due to these flus. There is a chance that Michigan requires poulty to not run loose so that they do not have contact with wild birds. To get rid of the green color in the pond water we use bluestone to control it.
 
BUGMAN53 said:
We shoot stray dogs, deer, and bobcats, anything that is on our property. In the county i live in there is a leash law so if your neighbor’s dog is in your yard without a leash then you can shoot at will.

So if your neighbors little kid accidently lets the dog loose your going to kill it? Classy.
 
The opening post is about ducks and geese, but on the subject of "shooting trespassing animals":

Animal Lovers Killed by Wild Dogs
Lexington, Ga. (Wed 19 Aug 2009) A shredded piece of shirt, some strands of hair and bloodstained dirt are all that remain along the rural stretch of road where authorities believe a pack of wild dogs fatally mauled an elderly couple. Sherry Schweder, a 65-year old animal lover, was taking an evening stroll when she was attacked. Her husband, Lothar Schweder, a retired professor, had gone out in search of her. Paramedics who came to the grisly scene Saturday morning found the suspected attackers standing guard. While it's unclear exactly what happened because there were no witnesses, officials have rounded up 16 dogs they believe were involved. It was the same group of medium-sized mixed breed dogs Sherry Schweder worried about, wondering if anyone was taking care of them as she saw them wander around. Experts say the attack is extremely rare--so rare "you are more likely to be killed by a bolt of lightning than by a dog" said Adam Goldfarb, a spokesman for the Humane Society of the United States.

Sometimes shooting trespassing animals appears justified, although I doubt ducks or geese would leave "a shredded piece of shirt, some strands of hair and bloodstained dirt" in their wake. If it did happen, it would be small consolation that it would be rarer than a bolt of lightning.
 
Do you think he would like to have a Border Collie? They just love chasing and herding things.

These folks have trained a Corgi to keep the birds off the dock and boat.

max_geese_2.jpg


John
 
Scratch,

Geese and Ducks are migratory birds protected by both State and Federal law in Michigan. http://www.michigan.gov/dnr/0,1607,7-153-10363_10859-31034--,00.html

Rather than calling the police, as some have suggested, I would call the Department of Natural Resources and ask for clarification on whether the neighbor can feed these gamebirds legally. In addition, if the area where your dad lives is zoned, can the City's zoning regulations address the problem

This doesn't seem to be a police matter, but that's just my take based on the limited information here.
 
If your grandfather had the right type of dog, there would be no geese on his property.
 
wrs840
Where I live in NC, if you shoot a neighbor's dog, you better have NO witnesses, a stout loader-tractor, and a remote place to dig a deep hole pronto.

wrs840 makes a point here. Even if you have a right to kill a trespassing animal, you are ulitmately going to have a problem with the owner. I always tried to keep my dogs from getting loose, but I had one "escape artist" that always seemed to find a way out. If I found out you shot my dog you had better be looking over your shoulder from then on. :fire:

Zoogster
Anything that upsets another person can land someone in court. It has nothing to do with whether they are in the right, legal or not.

Damned if you do -- Damned if you don't. :mad: Start diggin' the hole!
 
Art,maybe the OP's state should be included in the thread title as with the Trading Post. That way we who do not live in that same state will know not to get involved.
 
If your grandfather had the right type of dog, there would be no geese on his property.

Exactly. Wouldn't have to go and exercise the dog, either.:D

A field trials bred dog can and will chase birds ALL DAY LONG, and will love it.
 
Getting a young energetic dog will definitely be a good move. It would love nothing more than to spend all day outside chasing the ducks off the property.
 
I doubt ducks or geese would leave "a shredded piece of shirt, some strands of hair and bloodstained dirt" in their wake

I don't know... Have you seen the resident Canada Geese in town around here?:D
 
i think what he wants to know is during hunting season can he put upa blind call them in and shoot them... i would say yes they are the type of bird in season ...they live in the wild. He has not been baiting them.....heck you could thank the guy next door for making it so easy to get dinner
 
Depends if you want dinner, or to get rid of the poop. Shooting a few birds won't necessarily get rid of the poop.

After hunting season is over, THEN get a dog, perhaps?:D
 
So if your neighbors little kid accidently lets the dog loose your going to kill it? Classy.

Damn straight if it gets aggressive towards any of my animals. We've had too many problems in the past with dogs and animals, I love dogs and have a a couple but the owners need to learn.

If it is just running around it will get bottle rockets shot in it's vicinity.



To the OP, being in Mich, and waterfowl, I think you will have a little harder time proving prop damage. I would get a DNR or CO out and get a written statement from them. Worse case, you wait for hunting season.
 
Fight fire with fire. Perhaps your grandfather could be come interested in raising falcons and hawks. :D:D

Maybe a couple big outdoor cats. They tend to fend for themselves. Or stock the pond with really big fish. :D I am no help at all.
 
Barn cat... adopt one... some shelters adopt out fixed ferals... you wont have to worry about pests... or ducks...
 
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