Hunting rights on "ownerless" land

[Silence_Dogood]

FLORIDA

If the owner of a piece of rural property is long dead, the executor is dead, and no one is even attempting to resolve the estate's disposition, how are hunting regs for this private land interpreted? Specifically, Florida hunting regs state:

Wild hogs on private property are not considered game animals, therefore, no license or permit is required to hunt or trap them – you need only landowner permission.

If a hunter claims to have permission from the owner, and law enforcement cannot determine/prove otherwise, what happens if that person encounters law enforcement while hunting? To me it seems like a strange legal conundrum. If it defaults to "Law enforcement must prove you do not have permission" then a lot of rural land in poor counties is basically a free-for-all. If it defaults to "Hunter must prove permission" then even if someone is an heir, taking care of the land, paying the taxes, etc. but is not the "landowner" then hunting on that land is still not a privilege they can enjoy.

 

[FlyingRon]

The land belongs to the deceased estate until it is disposed of. It's not "ownerless." You'd better hope that any executor or personal representative is not around to make a complaint or otherwise state otherwise.

Regulation violations (civil) isn't beyond a reasonable doubt. If the state alleges you were hunting there without permission, you'd be obliged to show that you did indeed have permission.

 

[Silence_Dogood]

The land belongs to the deceased estate until it is disposed of. It's not "ownerless."

Yeah, I knew that word would get stuck in someone's craw which is why I put it in quotation marks. I realize there is no such thing as "ownerless" but it's the best I could come up with to describe the reality of the situation. There's an estate, but the executor is dead of old age. No new executor has been named because no one is pursuing probate, and has not since the original owner died in the 30s. Therefore, getting permission from the "landowner" is literally not possible until a new executor is named by a judge.

You'd better hope that any executor or personal representative is not around to make a complaint or otherwise state otherwise.

Not gonna happen.

Regulation violations (civil) isn't beyond a reasonable doubt. If the state alleges you were hunting there without permission, you'd be obliged to show that you did indeed have permission.

I would like the State to do that, but I'm only an adjacent landowner who is sick of everyone hunting the heck out of all the land around me which is in the condition as described above.

 

[justalayman]

=Silence_Dogood;2896282]Therefore, getting permission from the "landowner" is literally not possible until a new executor is named by a judge.

then it is real simple: you cannot legally hunt the land.

I would like the State to do that, but I'm only an adjacent landowner who is sick of everyone hunting the heck out of all the land around me which is in the condition as described above.

all you can do is report the trespassing to the police and let them do what they will (which is likely nothing without the landowner or rep making the claim) as well as you attempting to make some contact with the estates exec, or at least a family member and discussing the situation with them.