A) I don't think the easement is a possibility in Idaho with the new trespass laws. Those Texas brothers who bought all that timber company property gated off Forest service roads and got away with it.
B) I don't see an issue as long as one is not hunting or damaging the property and only passing through on foot to get to "their" property (USFS). I hate that landowners can just block access to public land. Imagine if I blocked the road in front to my house just because I owned both sides.
That said, I don't knowingly trespass even if it means walking the long way around. Asking permission can go a long way.
A) I don't think the easement is a possibility in Idaho with the new trespass laws. Those Texas brothers who bought all that timber company property gated off Forest service roads and got away with it.
B) I don't see an issue as long as one is not hunting or damaging the property and only passing through on foot to get to "their" property (USFS). I hate that landowners can just block access to public land. Imagine if I blocked the road in front to my house just because I owned both sides.
That said, I don't knowingly trespass even if it means walking the long way around. Asking permission can go a long way.
The trespassing issue does not change the prescriptive easement analysis and the easements may still be formed. They are established based on use without permission. The trespassing law change would significantly increase the penalties for trespassing though. I would imagine this would hamper anyone’s efforts at establishing a prescriptive easement in the future, for better or for worse.