Clarification (wyoming) trespassing law

[Oregon]

So, I thought I understood this, but this question was asked. I definitely plan on following up with someone official in Wyoming Monday morning, but I have all weekend to have you all help me think about it.
Judging by this screen shot, is it legal/illegal to drive from BLM to BLM land on the existing two track road. Zero signage or fencing at property line. Than little chunk center (near top)

 

[wyosteve]

If the 2-track crosses private land then the answer would be illegal to drive across unless you have permission. Wyo. does not require landowners to 'sign' their property.

 

[wytx]

BLM might have an easement to cross that private. See if the road has a BLM number on it and it may legally cross that private. GW or BLM office may know.
There are areas where BLM roads cross private and you can not hunt it but it usually has a sign that states stay on road through the private.
Call the landowner as well, they may thank you for calling and asking instead of just going through, and grant access.

 

[Oregon]

BLM might have an easement to cross that private. See if the road has a BLM number on it and it may legally cross that private. GW or BLM office may know.
There are areas where BLM roads cross private and you can not hunt it but it usually has a sign that states stay on road through the private.
Call the landowner as well, they may thank you for calling and asking instead of just going through, and grant access.

Thank you for that info.

 

[Brooks]

In NM if a two track crosses private unless you have permission you would be trespassing.

 

[roadrunner]

In NM if a two track crosses private unless you have permission you would be trespassing.

Not necessarily. See the above post about easements/right of ways.

Also, in NM, landowners are required to post land at the main entrance via a road. If they don't, they can't easily make a trespass complaint stick. They do not, however, have to post it along fencelines or on trees away from the main entrance.

Now back to WY...

 

[Rich M]

Based on the info we have….trespassing to cross it.

 

[Unckebob]

If there is an easement, one needs to know how broad it is,
The easement may be limited to BLM activities or it could be a general easement for that road.
- If it is the former, you are trespassing. If it is the latter, you are not.

 

[def90]

The USFS has MVUM (Motor Vehicle Use Maps) maps on their website, I would assume the BLM has the same. Basically they are maps that are drawn out per ranger district that show which roads are open to the public and which aren't.

 

[Rich M]

And let's be fair - some land owners will allow folks to drive on roads like that. Call local GW/LEO and he'll let you know.

 

[wytx]

And let's be fair - some land owners will allow folks to drive on roads like that. Call local GW/LEO and he'll let you know.

Yep , that's why I said call the LO.
Lots of areas that BLM roads cross private and are open for use.

Programs: Recreation and Visitor Services: Recreation Activities: Wyoming: Public Access Restrictions and Opportunities | Bureau of Land Management

Wyoming Seasonal & Year-Round Public Access Information BLM Wyoming has established year-round and seasonal restrictions to both enhance recreational opportunities and protect natural and cultural resources. Below are 10 maps – one for each Field Office in Wyoming – identifying reoccurring BLM...

www.blm.gov

 

[Wags]

If it's not a county single track road then it'd be trespassing in My understanding.

 

[alaska_bou]

In Wyoming you CAN travel through private lands if 1) it is not posted and 2) you have no prior knowledge that the landowner does not allow it.

6-3-303. Criminal trespass.
(a) A person is guilty of criminal trespass if he enters or remains on or in the land or premises of another person, knowing he is not authorized to do so or if after being notified to depart or to not trespass. For purposes of this section, notice is given by:
(i) Personal communication to the person by the owner or occupant, or his agent, or by a peace office, or
(ii) Posting of signs reasonably likely to come to the attention of intruders.

 

[HvyBeams]

In Wyoming you CAN travel through private lands if 1) it is not posted and 2) you have no prior knowledge that the landowner does not allow it.

6-3-303. Criminal trespass.
(a) A person is guilty of criminal trespass if he enters or remains on or in the land or premises of another person, knowing he is not authorized to do so or if after being notified to depart or to not trespass. For purposes of this section, notice is given by:
(i) Personal communication to the person by the owner or occupant, or his agent, or by a peace office, or
(ii) Posting of signs reasonably likely to come to the attention of intruders.

Title 23 (Game and Fish) Trespass**
(b) No person shall enter upon the private property of any person to hunt, fish, collect antlers or horns, or trap without the permission of the owner or person in charge of the property. Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S.

There was a group around Cody (I believe) that unloaded their guns and traveled across private property to get to public property. They claimed they had no intent to hunt the private land. They were cited under Title 23. I'm not sure how the case turned out. For some reason I think they were found not guilty, but NOT 100% sure. The WY legislature attempted to address this the last session, but the bill failed. I bet you see proposed laws regarding this and corner crossing in the 2023 session.

Also, the Missouri 4 are being sued for $7,000,000 in federal court for their bodies violating air space. So, there's always a chance you will be sued for civil trespass.

Draft Bill Would Give Wyoming Game Wardens More Authority To Ticket Trespassers

The draft bill would give game wardens the authority to write trespassing tickets in cases for which they currently have to wait for a sheriffs deputy

cowboystatedaily.com

 

[wytx]

What happens when the LO shows up and says too bad you can't go back across my property?
I'm betting that if they do not allow the easement and access there will be a posted sign.

 

[alaska_bou]

I don't care for a legal fight, so I am not so sure I would go through private land that wasn't posted myself. This came to me from an attorney who recently won a trespassing case for his defendant.

The risk of a civil suit is always present...