When Courtesy Turned Into Obligation

There was a time in Vermont when allowing others to use your land—whether for hunting, hiking, or just passing through—was considered a neighborly courtesy. It was a choice, not an expectation. But somewhere along the line, that courtesy was reimagined as a public entitlement—and then codified into law.

Vermont’s posting law flips the very notion of property on its head. In most states, private land is presumed private. Not here. In Vermont, your land is open by default—to hunters, trappers, and other passersby—unless you proactively post signs at set intervals, with precise wording, filed annually with the town clerk. Miss a corner, forget a date, or let a sign fade, and the public’s assumed access resumes.

That’s not stewardship. That’s coercion.

When Asserting Ownership Becomes a Liability

Vermont doesn’t just make landowners work to enforce their rights—it punishes them for doing so. If you post your land, you lose access to certain benefits:

• You can’t receive wildlife damage reimbursement if deer or bears destroy your crops or livestock.
• You lose your license exemption to hunt on your own land during rifle season.
• You may even lose preference for antlerless deer permits, despite meeting all acreage requirements.

It’s a perverse incentive system: allow the public on your land, and the state will “reward” you. Exercise control over your own property? You’ll pay—financially and functionally.

This Isn’t Just Bad Policy—It’s Unconstitutional in Spirit

The Vermont Constitution, Chapter I, Article 1, says:

“All persons are born equally free and independent, and have certain natural, inherent, and unalienable rights… [including] acquiring, possessing and protecting property.”

And Article 2 reinforces:

“Private property ought to be subservient to public uses when necessity requires it; nevertheless… the owner ought to receive an equivalent in money.”

But Vermont’s posting and land-use laws invert this principle. They:

• Presume public use first, and
• Offer no compensation when your land becomes de facto open-access unless you comply with bureaucratic burdens.

That isn’t protection of property—it’s subjugation of it.

The Statutory Backbone of the Problem

The twin pillars of this flawed system are:

• 10 V.S.A. § 5201, sets burdensome posting requirements for private landowners who wish to prohibit hunting, fishing, or trapping on their land—including specific sign size, spacing, language, and annual registration with the town clerk.
• 13 V.S.A. § 3705, governs criminal trespass more broadly. It allows landowners to prohibit entry either through direct communication or by posting reasonably visible signage—but it does not require the same detailed procedures or annual filings as 10 V.S.A. § 5201.

Together, these laws enshrine a bizarre default: unless you act annually, physically, and administratively, your land is open to strangers by government fiat.

And in 2013, Vermont doubled down with the Sportsmen’s Act (Act 78), linking posting status to hunting license requirements and reimbursement eligibility. It formalized a clear message: control your land, and you’ll lose privileges.

Support FYIVT Today – Choose Your Impact! Name Your Own Price to Help Us Keep Fighting for Truth and Transparency. Every Contribution Makes a Difference!

When Lawmakers Forgot What Government Is For

This system reflects a deeper cultural and political shift. The idea that property rights are inherent, natural, and non-negotiable has eroded over the decades, replaced by a worldview that treats landowners as custodians of shared space, rather than owners with full authority.

It’s the same philosophy that gave us Act 250—the sprawling land use regime where you need permission to subdivide, build, or sometimes even farm. It’s the same impulse behind ever-expanding zoning codes and conservation easements. Posting laws were the gateway drug for a regulatory culture that treats property as conditional.

This is not how a free state should operate.

We Need to Flip the Default and Reclaim the Right

It’s time to bring Vermont in line with constitutional principles and national norms:

• Private property should be presumed private.
• If a landowner wants to allow public access, they can post “Hunting by Permission” signs—not the other way around.
• Landowners who protect their land should not lose access to licenses, permits, or state programs.
• And trespassing should be prosecutable whether or not a sign was stapled to a tree.

The state should protect your rights—not condition them.

Private Property Is Not a Public Playground

At its core, this is not a fight about hunting seasons or signs. It’s a fight about the very nature of ownership. If the government can force you to repeatedly affirm your rights, withhold benefits when you exercise them, and presume public access until you object—you are no longer the true owner of your land.

You’re a tenant of the state. And that is wholly incompatible with a free society.

Let’s flip the posting law. Let’s restore property rights. And let’s remind Vermont’s legislature that the job of government is to protect what’s yours—not manage it on your behalf.

If you found this information valuable and want to support independent journalism in Vermont, become a supporter for just $5/month today!

Dave Soulia | FYIVT

You can find FYIVT on YouTube | X(Twitter) | Facebook | Parler (@fyivt) | Gab | Instagram

#fyivt #vermontpropertyrights #privateland #landownerjustice

Support Us for as Little as $5 – Get In The Fight!!

Make a Big Impact with $25/month—Become a Premium Supporter!

Join the Top Tier of Supporters with $50/month—Become a SUPER Supporter!