Right-of-Way

[BobT]

A while back we were discussing the question of landowner rights with regard to road right-of-way. The general consensus was that the road and the associated right-of-way was owned by the local, county, or state government and therefore landowners have little to say about ATVs in the ditch.

Check out what I found in the hunting regulations handbook trespassing section.

Quote:

Landowner Liability (Minn. Stat. 604A.20-604.27)

An owner who gives written or oral permission for the use of the land for recreational purposes without charge does not, by that action:

• extend any assurance that the land is safe for any purpose,

• confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed, or

• assume responsibility for or incur liability for any injury to the person or property caused by an act or omission of the person.

Road right-of-way

Some road right-of-ways are not owned by a unit of government. In these instances the landowner has granted an easement for vehicle and foot travel. The landowner generally retains authority to restrict access for hunting or trapping and may prohibit trespass by posting the land or by verbally directing hunters and trappers to leave the easement. It’s always best to ask permission if in doubt about the ownership.

If I understand this correctly, in some situations the owner may have the right to restrict access to the road ditch. Naturally, the owner can not restrict travel on the roadway itself.

[jentz]

Generally speaking,where the roads dont follow the true north south, east west lines of a township at one mile increments,Where they stray around obstacles a easement is required from the owner of the land,It can be a purchase or easement granting right of way.If a easement is acquired the landowner can restrict the road boundaries from the general public.Not maintenance of.

You never know who has authority of roads other than sectional roads.Without checking the records anyway.

[jeffreyd]

So while you bring this topic up, i have a question on the forest of MN. Here is AZ all the national forest are completing a travel plan for all vehicle traffic in the federal forest. Currently unless they are marked closed you can travel on any road, trail, path. However with that in mind, the state land dept has set in place rules that say any road, trail, or path will be considered closed unless posted otherwise.

So with this in mind, is the forest service in MN working on travel plans for the forest there? this will impact how you retrieve game and get across large areas of land. Just curious. Jeff

[Dave S]

State forest lands as well as national forests have their own set of regulations pertaining to ATV travel and will vary from one to the next.

[jeffreyd]

This is a federally mandated travel management plan that is suppose to cover the whole forest US wide. Just was not sure how MN FS has been handling it. The Apache Sitgreaves has a plan out on their HSOforum, it cuts the 23k miles of "roads" to 7k. Just wondering.

[jentz]

In south Dakota the feds are doing the same in the Badlands as in Az.There arent if any I can think of federal lands here restricting.But we have no access of making roads/trails like you in Arizona or the sparce badlands where one can travil off road anywhere and everywhere.But it may at some time happen here.I heard BLM lands are to be next?

[pulleye16]

Ditches (right-of-ways) are different per county. I found this out trying to get info on ditch hunting for pheasants. Most counties have public right-of-ways but there are some that don't. Ones that do not, are probably the ones that a unit of government does not own. I'd call your local county office and find out if your county has public right-of-ways.