Woodlandvalleyranchaz.com
November 30, 2014Dear WVR POA members,At the November 1, 2014 WVR POA Board meeting a member brought up the subject of hunters trespassing on private property and using POA roads to access BLM and State Trust lands to hunt. The member was further upset that AZ Game and Fish wardens are telling hunters they can ignore the NO TRESPASSING signs posted at the entrances to Woodland Valley Ranch. This is not the first time such a complaint has been made by a POA member.The Board promised to look into this matter further and provide a response. The short answer is YES, hunters can use our POA owned roads to access hunting areas. Furthermore, you cannot file criminal charges against the hunters for trespass on your personal property unless certain conditions are met, which will be explained further. Please bear in mind that this is not a situation that the Board created, nor is there anything the Board itself has control over. The laws and regulations governing hunters on private property and the use of our POA owned roads are found in Arizona statutes and the WVR Declaration of Covenants, Conditions and Restrictions (CC&Rs) by which we, as WVR property owners were legally bound when we signed our purchase contracts.With regard to the use of WVR roads by non-owners, please refer to the WVR CC&Rs Section 5(F)-Easements, which is worded in such a way as to allow “public and private ingress and egress” over easements, roads and existing trails. AZ Game and Fish has used this type of wording in the past to successfully justify the use of privately owned roads in other developments as well. Again, please bear in mind the Board did not construct the CC&Rs for Woodland Valley Ranch. They were constructed by and for St. Johns Area, LLC.Regarding hunters trespassing on our private property to hunt the following Arizona State Statute governs (highlights added):ARS 17-304 Prohibition by landowner on hunting; posting; exception A) Landowners or lessees of private land who desire to prohibit hunting, fishing or trapping on their lands without their written permission shall post such lands closed to hunting, fishing or trapping using notices or signboards. B) State or federal lands including those under lease may not be posted except by consent of the commission. C) The notices or signboards shall meet all of the following criteria: 1) Be not less than eight inches by eleven inches with plainly legible wording in capital and bold-faced lettering at least one inch high. 2) Contain the words "no hunting", "no trapping" or "no fishing" either as a single phrase or in any combination. 3) Be conspicuously placed on a structure or post at least four feet above ground level at all points of vehicular access, at all property or fence corners and at intervals of not more than one-quarter mile along the property boundary, except that a post with one hundred square inches or more of orange paint may serve as the interval notices between property or fence corners and points of vehicular access. The orange paint shall be clearly visible and shall cover the entire aboveground surface of the post facing outward and on both lateral sides from the closed area. D) The entry of any person for the taking of wildlife shall not be grounds for an action for criminal trespassing pursuant to section 13-1502 unless either: 1) The land has been posted pursuant to this section and the notices and signboards also contain the words "no trespassing". 2) The person knowingly remains unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over the property or the person knowingly disregards reasonable notice prohibiting trespass at the person's entry to any real property. There are, of course, regulations governing how close one can shoot a weapon near an occupied structure (1/4 mile) unfortunately, some of these hunters seem not to be bothered whether anyone is living out at the ranch or not. You will have to decide how to maintain your personal safety on your property.If you have any questions regarding this matter, or any other, please feel free to contact your POA Board of Directors via email at board@ or attend a Board quarterly meeting to address the Board in person. We look forward to hearing from you.Kind regards,Bonnie Tormohlen – SecretaryWVR POA ................
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