Corner Access Question

[P Carter]

Soooo take this for a grain of salt, but just because a road has a public right away easement or a road easement doesn't necessarily allow the public to use the area the paved or improved road surface.

Best way to find out, call the local road department that has the jurisdiction of that road, which also means that right away and ask them. The right away could be public to a certain point then be a utility easement, which most of the time you don't have access to.

Easements and rightaways are still a gray area, something I'm learning working with a public entity. Just do your due diligence and not go off of what a forum says.

I think this is the right answer. A road ROW is typically just that - a right-of-way for the road + uses associated with the road (maintenance, pulling over for emergencies, etc.). You can't have a tea party on the ROW just because it's a public ROW. If you get dropped off and don't park, you might be OK. On the other hand if the ROW is limited to certain purposes, your access might not be as clean as it seems. Not sure how it would all play out, but I don't think it's quite as clear as one might think.

 

[ScreamingPotato]

People keep calling it a drop off spot, but you roll on with your Subaru Outback plastered with gay pride and anti hunting stickers and I bet you don’t get too many hunters sniffing around

So look like a Colorado local you say?

 

[Fireflyfishing]

I would 100% do it, but drop off as mentioned.

Also, when you call the people who should know, it is incredibly easy to get a no, and almost impossible to get a yes. They will almost never tell you yes, even if they should.

Right. So don’t call or ask cause they’ll probably say no. Just do it anyway and ask for forgiveness later when caught if it is a no. Solid legal advice.

 

[Dos Perros]

Right. So don’t call or ask cause they’ll probably say no. Just do it anyway and ask for forgiveness later when caught if it is a no. Solid legal advice.

Certainly not legal advice. I don't think you thought it was though. My point for the more obtuse of you is, even if it's legal, I wouldn't expect anyone in local government to actually tell you it's legal. You'll have to do the appropriate research and have the cajones to take a risk.

 

[LongWayAround]

I wouldn't take the line work shown on OnX as gospel to where the right of way is. It's 2D line work plastered over an aerial image of a curved surface. It's close but easily off several yards. The corner almost certainly at least touches the ROW, if it doesn't actually break it.

When I spoke to the game warden about that spot, his main objections were the lack of safe parking.

I think the "drop off" would be a reasonable play.

 

[Amos Keeto]

What a weird corner, but I might be tempted. There's a similar spot near the CO/WY border that I wanted to use to access our CO unit at the time, but there's a road in this spot. I went to scout it and there was a lock on the gate saying it was a private road, but that land was marked BLM on all the maps.

Ok. Long ago and far away. 1978.

Four of us put in for antelope tags in Wyoming.
We immediately acquired maps of our antelope area. Huge areas of Nat'l Forest (?) and BLM land.
Everything we read and understood was that all those lands were open to public hunting.
BUT.....when we got there, a ranching outfit that had leased the grazing rights on the BLM lands let us know we couldn't hunt there!
Within five minutes, we ran into a DOW officer and asked him.
He told us the grazers were wrong, but it would be best if we just stayed away from their grazing areas.
No biggie, there were antelope EVERYWHERE and all four of us scored. We actually killed our antelope on the Stroecker Ranch. He was more than happy to have hunters get rid of some of the antelope!

NOTE #2
The Southern Ute Indian Reservation near Pagosa Springs, CO put "Posted" signs on gates that led to roads crossing the reservation to public land.
It IS NOT common knowledge that the tribal police can't keep you from using their roads to access public property.
Once we found that tidbit of information, we found several little nooks and crannies that we could hunt almost undisturbed!

 

[longspeak74]

Under cover of darkness, good to go.

 

[cnelk]

I’m not sure who to contact for something like this. But I’d think the entity that would be giving a citation would be the one - like the Sheriff. Not the GW as there is no game violation.

Ref: Elk Mtn

 

[Oregon]

I would 100% do it, but drop off as mentioned.

Also, when you call the people who should know, it is incredibly easy to get a no, and almost impossible to get a yes. They will almost never tell you yes, even if they should.

1000% truth. No one wants to answer a "tough" question over the phone. I mentioned earlier I shot a buck on the other side of a posted fence. I noticed this years ago. Called. Got some BS roundabout answer.
Warden stopped in camp last year. First time ever. I've been hunting this spot since the 90's. Asked him. Showed him. Every fence is way off. Hundreds of yards.
He said, we go by OnX. Ranchers put in fences with ease of terrain, not actual boundaries.

 

[Hnthrdr]

So look like a Colorado local you say?

Yep fit right in

 

[wapitibob]

I’m not sure who to contact for something like this. But I’d think the entity that would be giving a citation would be the one - like the Sheriff. Not the GW as there is no game violation.

Ref: Elk Mtn

Call the local warden and ask. You can call the sheriff and ask about parking in the right of way, should be good to go there also.

 

[Rich M]

What a weird corner, but I might be tempted. There's a similar spot near the CO/WY border that I wanted to use to access our CO unit at the time, but there's a road in this spot. I went to scout it and there was a lock on the gate saying it was a private road, but that land was marked BLM on all the maps.

I found that in WY - hopped the fence, went on a walkabout. Not a corner cross but the road was moved to stop public access.

 

[wytx]

If OnX is correct I would not hesitate to use it. Might need to park at a gate or dive and walk down if controlled highway access.
Call WYDOT and ask if there is a corner marker, there should be on the right of way.

GW should know if there is a marker there for the corner, if they try to tell no then ask why if in fact it is a ROW corner.

 

[nodakian]

OnX and Gaia are only as accurate the county GIS. I've seen variations from a couple feet to over 400 feet between GIS and my surveyed locations. That corner may not really extend into the RW at all, or it might extend further.

I would also want to know whether the RW is an easement or fee title. Very often, county assessors deduct easement areas from the total property area for tax calculations. Such deductions then appear as separate parcels in OnX even though they are not.

Personally, if I wasn't a surveyor, I would go for it, probably with a drop off if traffic/parking safety is a concern. If confronted, I would play the lay person card--just using the information I have and understand, etc.

As a surveyor, I would investigate easement vs fee title, check the county recorders office for corner records and plats/survey maps, then snoop for the corner monument before making a decision.

 

[TaperPin]

You know the guys that are delivering pizza and accidentally drive onto the wrong driveway and get shot because the old guy inside watches news max and Tucker all day and thinks everyone is antifa and out to get him - the rural version of that old crazy guy owns a lot of those private areas, and the guy writing you the ticket might be his son in law. Small town justice doesn’t always give a rats rear end if you were technically right - what are you going to do - hire an attorney? You guys are a lot more brave than I would be. I’ve had a Sherrifs deptuty go with me to retrieve stolen property that ended up on private property - the crazy dude that owned the land shot in the air and leveled the shotgun at us. Naw - I’ll pass on what is essentially a corner crossing - Wyoming is full of easily accessed land.

 

[manitou1]

I'd do a little research on WY- see if they have a definition ie 30' from the center line, etc

If the corner goes into the roadway, it's an easy call- if it's just shy of the roadway- needs to be explored a little further

It is defined as: 30' from centerline, OR at the fence if there is a fence along the road.
Wyoming

 

[sodaksooner]

Have a spot in CO that is exactly the same way. Just one little public corner that juts out into the right of way. Hell yeah I hunted it and got into elk half a mile in. Walked out the top and another bunch of hunters picked me up and took me to my Jeep. I wasn't the first to park there and there were other footprints going in too.

 

[Amos Keeto]

"... Small town justice doesn’t always give a rats rear end if you were technically right - ..."

Been there, done that!

Federal law says that any stream with a maintained width of 33 feet is considered a "navigable waterway" and is federal property.

County sheriff I spoke with was not overly concerned with the fed gummint's assessment of the situation, I was trespassing!
We got out without any charges, but just barely!
....and that was east Texas!

 

[MallardSX2]

I got a spot like that in Nebraska I hunt. I park a mile away and walk down the road in the dark. 2 landowners stopped to ask me who I was and where I was going the last time I hunted it. I told them I was looking for my lost dog. I think one of them believed me. The other, certainly didn't. lol

 

[Beendare]

I would contact the public land management office and ask them as well as the local game and fish folks. I say yes, but that’s just from the photo you provided. That’s a pretty small margin of a corner. Measure twice, cut once.

Thats what I was going to say- check with the local Warden.

Anybody can sue for anything- whether right or wrong…and the landowners could make cla8ms whether legit or not. You will save yourself a lot of grief if you check in first.

But- I know another area (different state) where the GW is in bed with the landowner running guided hunts on the side- and that GW would not only jam you but give the LO a heads up- not good.