Rant (Public road closed on private land)

[3gunyotehtr]

Just got back from hunting mule deer, a road that I have driven on for years was closed for the mile that it passed through private. Had to drive a good 20 extra miles to get around to the other side. It just befuddles me how a rancher can do that. This isn't some old 2 track, it is a very well maintained named and numbered road. It is a pet peeve that it is such a common problem across the west.

 

[Pilsner]

Call your game warden and meet him there. Likely the lock will get cut.

 

[wytx]

Harder for them to get away with locking up a public road these days, check with the county and see if it is in fact public. If so call the Sheriff or GW.

 

[fisherman983]

Was it posted as closed or gated and locked? If its just posted then drice thru

Sent from my SM-S928U using Tapatalk

 

[wapitibob]

There are "county" roads that have never had proper public easements, we've had a cpl up here in the last few years get gated off.

 

[hoooogan]

My understanding has always been if it's not locked, leave the gate the way you found it and be respectful. Don't go hauling ass through there making dust or making yourself at home. Get through and get out.

 

[Customweld]

There are "county" roads that have never had proper public easements, we've had a cpl up here in the last few years get gated off.

Yes sir, happens a lot. Most rural counties in the west don't have the budget or expertise to fight it. FS generally has zero interest in fighting it.

 

[nodakian]

Sounds like a situation which just came up in western ND. I always thought it was a county road, as did everyone else i know as well as the USFS which posted directional signs. It was actually an ancient oil field road, and the county had not acquired a formal easement. New out of state owner, apparently friendly with at least one county commissioner, put a gate across it.

This seems like a case for a prescriptive easement. Public hates it, county road guys hate it, oil field guys hate it, but the county commission will not push the issue.

 

[Weldor]

Some states counties etc. have public purvayance. At least down this way if the public has been using it for X amount of time (years) without incident it is public, hence dirt roads easements and such.

 

[Phaseolus]

Call your game warden and meet him there. Likely the lock will get cut.

Likely not, 'we' fought a 15 year battle to open public land blocked by High Lonesome Ranch.

 

[Bhanks55]

What state? Lots have different rules. I've seen some people saying they had similar problems and the landowner legally was able to gate it. Like some have said may also "depend" on how the original easement was obtained.. "or not"

 

[3gunyotehtr]

It was North Dakota. Not gated, just very heavily posted that travel through was expressly forbidden. I hate confrontations, so would rather just complain on a forum., and drive the long way around. I have experienced extremely nice ranchers that offered me steak and a shower, and others that were on the verge of pulling a rifle out.

 

[Sccritterkiller]

There are "county" roads that have never had proper public easements, we've had a cpl up here in the last few years get gated off.

If it never had a proper public easement was it really public county road?
It's sucks but if the local county government can't get their act together its not the landowners fault if he decides to close a gate on his land.

 

[3gunyotehtr]

I get that, but then it shouldn't be maintained by the state, perhaps. The landowners can foot the bill.

 

[wapitibob]

If it never had a proper public easement was it really public county road?
It's sucks but if the local county government can't get their act together its not the landowners fault if he decides to close a gate on his land.

Nope, it wasn't, they just thought it was.

 

[Sccritterkiller]

I get that, but then it shouldn't be maintained by the state, perhaps. The landowners can foot the bill.

100% agree it shouldn't get maintenance if it's private but if local/state government does it, it's not the landowners fault.

 

[mt terry d]

I got fined for crossing Trumbo land hunting in the Breaks north of jordan, MT
Numbered road into CMR
Gate open, road went across a few hundred yards of private/winter wheat.
Had been plenty of recent traffic.
Heading for town after dark a pickup meets us head on, middle of the road, bright lights on,
stops and blocks the road. Guy gets out with pen and pad apparently writing down my
plate number. Yells "you were hunting on private land, the GW will meet you in town!"
Made a little drive around town, saw no GW, went to motel and told the clerk
we'd be having burgers at the bar if GW is looking for us.
Eat, go back to motel, about 9pm wardens show up.
Want to fine me and confiscate a deer my buddy had shot on the CMR land
(We knew we were crossing private and did no hunting or shooting there)
Warden says the owner says we killed it on his land (owner was a liar)
I said I have video of the kill and will take you to the gut pile.
I said "why is there NO sign saying NO public access when there's a sign there
saying it's a numbered public road if they don't want people crossing?"
(Pretty obvious why)
GW backed off the confiscation but kept the fine.
Told the motel clerk what happened. He says "Yeah, they got a bunch of antelope hunters
this year for the same thing".

 

[Customweld]

I get that, but then it shouldn't be maintained by the state, perhaps. The landowners can foot the bill.

In a lot of states, if the public entity can prove it was built and or maintained with public assets, there is an argument to be made for prescriptive easement. Unfortunately, most entities kept poor records of maintenance.

 

[Dan Carey]

The state are complicit in this "lets get their money".

 

[S-3 ranch]

Our neighbor put up a heavy duty locked gate on a public road, we wanted to fight it, but soon realized it keeps the riff raft / druggy, trash dumpers, poachers
Out of the ranch, even though it is a pain to not have all weather access
I don’t care because it is a dead end road anyway