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1957 Op. Mo. Att'y Gen. 1 (1957)

handle is hein.sag/sagmo0072 and id is 1 raw text is: 1Z~j( ~au I&Y7J2. Xil TJJO~: TX~ULA PIOUU £( ;;;. PPPU 21 LU: r ii ~&~tcv ded i~-~ t 1 ai~z~ liD~2~ ollo ar~ ~ v~d that shooti~y b1Thch~ crcctoh U; rr>ato i~divi iuJ~ in tVtt area mv Un oecnpied by tUe flint ~einzon ~A.o ine~in p. ~ ~2x~z~ 10. ½ic~,n~ 4U0 o~Jer of tho 2op.servatio~ 2orinh. 3i0~ to ~nake. _______ u ~L~iny ~ & Honorable Rex A. Henson Prosecuting Attorney butler County Poplar Bluff. Missouri Dear Sir: Your recent request for an official opinion reads: I would like to have your opinion on some of the recent rules and regula- tions of the Missouri Conservation Commission with respect to the coming duck season. When a meeting of the sportsmen was held in Poplar Bluff a few days ago, I was informed that you attended the meeting at which this problem was discussed, and you are, no doubt, famil- iar with the discontent .aong many of the hunters in this area. My first impression upon reading the recent rules and particularly the rules which provide that duck decoys left un- attended in the hunting area are sub- ject to seisure by the Commission, and the rule which provides that the duck blinds constructed in a public area such as Wappapello Lake are open to the public on a 'first come-first serve' basis, were rules which could not be enforced by the Commission be- cause it appeared to me that these acts would constitute a confiscation of property in violation of the Con- stitution and the general laws of the state. Without going into the merit of the complaints of the various hunters over