DuckSouth.com

I'm not sure I follow, YazooValley. I'm interested in hearing more of your thoughts on the matter.

SB, you said that you think a high fence violates the public trust doctrine. I don't think it does, in light of this state's laws approving high fences.

The public trust doctrine says that the State's wildlife are held in trust for the benefit of the people.

From https://mswildlife.org/protecting-wildl ... -everyone/ :

"What is the Public Trust Doctrine? The Public Trust Doctrine holds that wildlife resources are entrusted to the government to be managed for the public. Government does not own these resources, but they are entrusted with their long-term management and care."

The Mississippi legislature has passed statutes regulating and thus seemingly ratifying wildlife enclosures or whatever they call them. If a landowner pays his money and agrees to certain stipulations, he can legally build a high fence. The government thus has said essentially "in the exercise of our position as the trustee over the State's wildlife, we think that high fences are a good idea..."

So, if my neighbor builds a fence, I don't think I can make a public trust argument to a court. I'd have to go to the Legislature to get the law changed. The statutes prevail over common law. I don't think there has been a public trust violation if the law expressly condones fences.

Some states allow high fences but the landowner first has to herd all of the state's deer out before he closes the gate. I guess those states allow you to bring in breeder deer from out of state, which Mississippi doesn't. That plan solves one problem but creates others.

Like I said above, this is all interesting to me. I like the public trust doctrine. I don't much like the idea of the public's deer inside a fence. But I'm also pretty close to a property rights absolutist. I don't want the government telling me what I can do with my land. Within reason. So I'm somewhat conflicted. And as noted above, there are some compelling side questions -- what if the people's deer keep eating my crops. Can I put up a fence to keep them out? I've affected their ingress and egress. What if hogs are wearing my property out? Same for deer dogs or trespassers?

Interesting point Yazoo. But, to play devils advocate, does your theory also negate the ability of the state to charge a violator with restitution of a particular game if the game animal was merely supposed to be managed by the state and not owned?

"Who can own a tree? Who can own a rock? Only the Great Spirit."- Chief St. Cloud