


March 27, 2009
BuckTracker: And the Shed Goes Too….
By Scott Bestul
I am just back from an archery turkey hunt in Florida, where I spent a lot—and I mean a lot—of time in a pop-up blind. Not only are portable shelters a wonderful tool for bowhunters, they also serve as a mini-meditation facility where the inhabitant can ponder many of life’s questions, great and small.
Of course it takes a little decompression time to get into the swing of things, and it wasn’t ‘til about the third day when a hypothetical—but very real—conundrum slid into my “situational ethics” radar screen. It goes something like this:
You and a buddy decide to devote a day to shed hunting. You will wander several properties, some only you have access to, others he hunts exclusively, even some public ground. None are owned by either of you. So when someone picks up a shed antler, who gets to keep it? The guy who found it? The person who hunts the land? The title-holder of the property? Does size (or other intangibles, such as familiarity with the buck) matter? I’m anxious to hear your thoughts!
Comments (23)
finders keepers, unless there is an agreement before hand.
First and foremost, an agreement with the landowner should be worked out on wheather or not the landowner minds you keeping the sheds. With that said if the landowner does not want the sheds, whomever finds the sheds should get to keep them. If you were so concerned with keeping the shed for yourself, dont invite a buddy along, its that simple. Now since it is your buddy, and not a stranger, I am sure 9 times out of 10 they would let you keep the shed on the places you exclusivly hunt and you would do the same for him, especially if you have some familiarity with that given buck. At least thats how me and my hunting buddies operate, since i only hunt with people i get along with and where this would never be an issue.
If you have asked the landowner if you can hunt antlers on the property, then whatever you find is yours. If you have not established that you have permission to take the antlers before you find them, and the landowner says that you can't have them, then they aren't yours to keep. It is up to us as sportsmen to be responsible enough to have permission to be on another person's property, and also to make certain that the owners of the property know full-well what we are going to be doing.
i agree with MB915.
Since you and your buddy are working as a team then it's finders keepers. If the land owner wants sheds brought to him then forget it. Why waste my time unless there is an agreement that I can hunt his land in return for my help look for sheds later.
Those sheds shown in the pic looks like they were worn by a bruiser.
You need to work out the details with the land owner first and foremost, it's his or her land and they are entitled to what it produces. If you only ask to go hunting then you have only asked permission to harvest an animal, need to specify what you would like to take home.
In the laws eyes, sheds would be considered 'lost property' as oppossed to 'mislaid property' or 'treasure trove'.
I would assume the landowners would know of your presence and intention, thus barring them from any entitlement.
That being said, it truly is 'finders are keepers', the finder is technically the one who exerts dominion or control, and has a right against everyone else in the world save the true owner (that would be the land owner who has already relinquished his right).
These rules are in concern to personal property, while others concern game animals specifically (Liesner v. Wine, Keeble v. Hickeringill, very interesting cases indeed). Here your basic doctrine is 'pursuit is not enough', mortally wounding or possessing gives you entitlement. Again, the search is great, but the first man to physically pick up the shed is the owner.
Max Power
1st Year Student
UNL College of Law
I think that it should be finders, keepers. I wouldn't think that the landowner would mind if you keep the sheds. It's not like you are taking an animal from the property.
I agree with jim in mo. Unless his property was right next to where i hunted then i might go over there and see what i could find.
This is like when kids go one gun squirrel hunting - you spot it, you shot it.
I agree. Finders keepers Losers weepers.
I think if the buck gets shot you should at least make and effort to give or barter the sheds to the guy who shot it.
aint no question about it in south dakota the game and fish will take it if they see it
and i thuk to it should be finders keepers if some body else wants it they should be out there lookng there self
I think the person who sees it first, should be able to claim it as their own.
Now, say if one of the individuals, that were lookin' for the sheds with you, had an intimate encounter with a particular buck, that had tossed his sheds, then I think either a trade is in order or perhaps a dinner, to celebrate the discovery.
Just because someone laid their hands on it first, doesn't mean he saw it first ...
2poppa, now that's a totaly different thing. If I new an area a big buck roamed if I asked a buddy to help ME find it, then it should be mine. He never new the buck was there, he's just being a friend and helping.
You should be able to keep them
I would say if you find it you keep it, but good relations with the landowners are key to retaining your hunting privileges. So...if it were myself, I would let the landowner know that i was interested in shed hunting and keeping the sheds, secondly I would make sure to have permission for my friend to be accompanying myself on the various tracts, and have permission to be on the other private tracts myself. It would be agreed upon that whoever finds the sheds keeps them, but if I find one side, and he finds the other, whomever has permission to HUNT that property, they retain both sheds. I think that is pretty fair and balanced.
I think the person that finds it keeps the shed. I'd be happy just knowing that buck is still around that area.
this is a big buck
if the landowner knows you are looking for sheds he will know you want to keep them. he owns the land but not the animals or their parts.
finders keepers.......or just make a fake set so each one can have a set...but the guy that fond them sould get the real set...
I say finders keepers. I would never bother looking for sheds if I knew I couldn't keep them. They are fun to find but even more fun to keep and look at for years to come. Those sheds pictured are awesome, I'd like to find a set like that in my hunting area....that would get the blood boiling for this fall!
Ifnders keepers I would say unless they have agreed to somehting else before-hand or if they are from a buck both of them are planning to hunt. If so they should both keep them (if possible.)
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finders keepers, unless there is an agreement before hand.
First and foremost, an agreement with the landowner should be worked out on wheather or not the landowner minds you keeping the sheds. With that said if the landowner does not want the sheds, whomever finds the sheds should get to keep them. If you were so concerned with keeping the shed for yourself, dont invite a buddy along, its that simple. Now since it is your buddy, and not a stranger, I am sure 9 times out of 10 they would let you keep the shed on the places you exclusivly hunt and you would do the same for him, especially if you have some familiarity with that given buck. At least thats how me and my hunting buddies operate, since i only hunt with people i get along with and where this would never be an issue.
If you have asked the landowner if you can hunt antlers on the property, then whatever you find is yours. If you have not established that you have permission to take the antlers before you find them, and the landowner says that you can't have them, then they aren't yours to keep. It is up to us as sportsmen to be responsible enough to have permission to be on another person's property, and also to make certain that the owners of the property know full-well what we are going to be doing.
i agree with MB915.
Since you and your buddy are working as a team then it's finders keepers. If the land owner wants sheds brought to him then forget it. Why waste my time unless there is an agreement that I can hunt his land in return for my help look for sheds later.
Those sheds shown in the pic looks like they were worn by a bruiser.
You need to work out the details with the land owner first and foremost, it's his or her land and they are entitled to what it produces. If you only ask to go hunting then you have only asked permission to harvest an animal, need to specify what you would like to take home.
In the laws eyes, sheds would be considered 'lost property' as oppossed to 'mislaid property' or 'treasure trove'.
I would assume the landowners would know of your presence and intention, thus barring them from any entitlement.
That being said, it truly is 'finders are keepers', the finder is technically the one who exerts dominion or control, and has a right against everyone else in the world save the true owner (that would be the land owner who has already relinquished his right).
These rules are in concern to personal property, while others concern game animals specifically (Liesner v. Wine, Keeble v. Hickeringill, very interesting cases indeed). Here your basic doctrine is 'pursuit is not enough', mortally wounding or possessing gives you entitlement. Again, the search is great, but the first man to physically pick up the shed is the owner.
Max Power
1st Year Student
UNL College of Law
I think that it should be finders, keepers. I wouldn't think that the landowner would mind if you keep the sheds. It's not like you are taking an animal from the property.
I agree with jim in mo. Unless his property was right next to where i hunted then i might go over there and see what i could find.
This is like when kids go one gun squirrel hunting - you spot it, you shot it.
I agree. Finders keepers Losers weepers.
I think if the buck gets shot you should at least make and effort to give or barter the sheds to the guy who shot it.
aint no question about it in south dakota the game and fish will take it if they see it
and i thuk to it should be finders keepers if some body else wants it they should be out there lookng there self
I think the person who sees it first, should be able to claim it as their own.
Now, say if one of the individuals, that were lookin' for the sheds with you, had an intimate encounter with a particular buck, that had tossed his sheds, then I think either a trade is in order or perhaps a dinner, to celebrate the discovery.
Just because someone laid their hands on it first, doesn't mean he saw it first ...
2poppa, now that's a totaly different thing. If I new an area a big buck roamed if I asked a buddy to help ME find it, then it should be mine. He never new the buck was there, he's just being a friend and helping.
You should be able to keep them
I would say if you find it you keep it, but good relations with the landowners are key to retaining your hunting privileges. So...if it were myself, I would let the landowner know that i was interested in shed hunting and keeping the sheds, secondly I would make sure to have permission for my friend to be accompanying myself on the various tracts, and have permission to be on the other private tracts myself. It would be agreed upon that whoever finds the sheds keeps them, but if I find one side, and he finds the other, whomever has permission to HUNT that property, they retain both sheds. I think that is pretty fair and balanced.
I think the person that finds it keeps the shed. I'd be happy just knowing that buck is still around that area.
this is a big buck
if the landowner knows you are looking for sheds he will know you want to keep them. he owns the land but not the animals or their parts.
finders keepers.......or just make a fake set so each one can have a set...but the guy that fond them sould get the real set...
I say finders keepers. I would never bother looking for sheds if I knew I couldn't keep them. They are fun to find but even more fun to keep and look at for years to come. Those sheds pictured are awesome, I'd like to find a set like that in my hunting area....that would get the blood boiling for this fall!
Ifnders keepers I would say unless they have agreed to somehting else before-hand or if they are from a buck both of them are planning to hunt. If so they should both keep them (if possible.)
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