"Road rights" and public access

[Stick in Mud]

Hello all,

Earlier this winter I legally parked on a street near a public access....I know it's legal parking because I asked a sheriff about it. I came back from fishing, though, and there was a note from a nearby homeowner (I have no idea who) on my truck complaining that "roads rights" were 33 feet and that I was trespassing. I have no idea what that means. 33 ft from what? From where?

I'm also looking for some new lakes without public accesses that have roads abutting the water. I've read and been told that SOMETIMES it's legal to access a lake in this way, as long as there's a place to legally park the car, but I've never been exactly clear on when it's Ok and when it's not....or if what I read/heard was even true.

Anyone familiar with the laws regarding these two cases?

[Slabasaurus]

Was the street you parked on a private street? That is the only circumstance I could imagine where someone could claim trespassing on a roadway.

As for the second question, This should help clear that up.

There are probably other circumstances that would allow one access, but they'd be specific to the body of water.

[Stick in Mud]

Nope, it was a public road. I'd seen others park there, so I thought I was ok...maybe someone was "talk"ing me because he didn't want cars parked on the road/near his house?

[pushbutton]

All depends on the legal distance of the public right of way. Many are 33 1/2 from the center line of the road, I recently had a condemnation for a right of way and the city took 35 ft. Some county roads can even be 75 ft from the center line. Just call the county in question and ask what the public right of way is for whatever road you want to access on.

[gregg52]

right from the center line its usally 33ft

and usally there are right away signs in the ditch rw post

i think you can leagally park in the ditch unless it says no parking

not real sure just guessing

[efgh]

I think you just ran into a jerk who is being a jerk.

[Raider4ever]

I have my yard butting up against the public sidewalk, four feet of sidewalk, three feet of boulevard, 6 inches of curb then the street. Does this mean nobody can park in front of my house? SWEET!!!!!!

[harvey lee]

If the cop said it is legal, I would not worry about it and park there. That guy would not stop me since the police said it was fine.

Dude probably did not like you parking there but if the police say it is fine, I doubt he has any recourse.

[jentz]

You could have been on private property.Maybe a tire or two.The road right of way is 66ft wide, 33 ft from center to outside edge in a populated area no ditch.You could have had a picky person who dont like parking there' and you could have been 33ft 3 inches from roads center.Who knows?

If it was a populated area near or on a lake, homeowners do get tired of not being able to park in front of their own homes when parking always is occupied.Touchy subject!

[Burbslayer]

Nope, it was a public road. I'd seen others park there, so I thought I was ok...maybe someone was "talk"ing me because he didn't want cars parked on the road/near his house?

Bingo. Some of them think they own the road, the access,and the lake and they dont want you around

[Stick in Mud]

Ok, guys, thanks for all the info. Not having measured the roadway, it might just be possible that I was more than 33 feet from the center line, considering I tried to park as far off the road as possible without getting stuck in the ditch, which was completely unimproved anyways.

[Grum]

In this age of cell phones and WiFi, information can be accessed much easier than before, so when in doubt, a quick phone to the local law enforcement will usually clear things up.

I always try to respect other peoples property and rights, but a small number of people believe they own more than they actually do. I had a crazy neighbor once in S. Mpls. who decided he owned the street parking in front of his house. He even put up his own "No Parking" signs and would leave threatening notes or come out and yell at people. Finally the police made him take the signs down. Some people just don't play nice with others.

[KrabbyPatties]

I have my yard butting up against the public sidewalk, four feet of sidewalk, three feet of boulevard, 6 inches of curb then the street. Does this mean nobody can park in front of my house? SWEET!!!!!!

The 33' from centerline is not always applicable. You have to check with your city, township, or county depending on who administers the road in question. Where I'm at, some of the streets have right of way 40' from the centerline, other streets are only 30'.

[Nilsfisher]

Typically the right of way is 33 feet from centerline.

It can be more, depending on the type of roadway and if the road has been platted or not. Generally county roads that have R/W signs by them have been platted. If there are no R/W signs, then it is not platted and its probably just a prescriptive right of way, that means that the width is based off centerline as traveled.

I guess it all comes down to if the road back in the day was taken as easement for by fee. if it is fee, than the county or city has ownership and the homeowner doesn't. Easement gives the city/county rights to have the road and maintain the ditches and such but the homeowner pays taxes on it cuase their legal description probably goes to centerline of road.

To make it easy, Powerpoles are generally within the right of way and are typically placed on the right of way line (or close to it) I would say that if you are on the road side of the powerpoles, your pretty safe that you are in the right of way.

[Stick in Mud]

Thanks for all the info, guys. I haven't actually gone back there in a while to look at the "parking spot," so at this point I don't know enough to provide more detail. At this point, I am betting the landowner was just trying to scare me off, but I don't know. I won't be back there 'til next winter anyways, so I'll worry more about it then.

Any info on accessing lakes that border a road when there are no signs posted about trespassing? Or should I just call the county and ask them?

[Gordie]

Hope this helps its from the regulations

Rules of Thumb for Water Access and Recreational Use

These are simple rules of thumb and are not intended to address all

water access and recreational use situations. If you have doubts about

whether you may be trespassing

on private land, you should ask the landowner

for permission.

What is lawful access?

A stream or lake is lawfully accessible if there is a public access, or if

public land or a public road right-of-way borders the surface of the water,

or if you have permission to cross private land to reach the surface of the

water. This includes walking in the water or on the ice in connection with

such activities regardless of who owns the land beneath the surface of the

water.

What waters are open to recreational use?

A stream or lake is open to recreational use over its entire surface if it

is capable of recreational use and if it is lawfully accessible. Any water

that will float a canoe is capable of recreational use, but other waters

may also qualify depending upon the circumstances.

[fishingstar]

the lake I live on has a spot where guys park on the road to get on the lake. at times there was so many car and trucks that it was hard to get down the road. the road was getting blocked with trailer loading atvs.

the sheriff had no parking sings put up.

[Nilsfisher]

Im sure the land is owned by somebody. if Its a county road, call the county, city road, call the city.

a useful tool is going on the HSOforum of the county that the lake is in and find their property or GIS page. usually they have an interactive map where you can get info on property (ownership, size and some approximate boundary lines) that might help you determine who owns the property also.

[Stick in Mud]

Thanks gordie and nilsfisher for the info...I'll take a look at the county HSOforum and go from there.