Jump to content
  • GUESTS

    If you want access to members only forums on HSO, you will gain access only when you Sign-in or Sign-Up .

    This box will disappear once you are signed in as a member. ?

Public right of way?


Recommended Posts

Pete, You call 911 from a cell phone, It isn't just for an emergency anymore, When they answer, you declare "non-emergency" tell them your story, they will than patch you through to the appropriate authorities. grin.gif

Link to comment
Share on other sites

Pete, I went back and read your previous post, the one before the one busting my chops about 911. confused.gif Ya know, I do agree with you about ditches that travel through one's property. You are correct that you should and do have the authority to post your property and keep people out (if you choose). My situation wasn't even remotely close to that. I even think I touched on that point about traveling into someones property. The ditch I was refering to was over 500' from any residential dwelling, it was contained with-in 33' of the center line of the rural dirt road, there was NO crop planted in the field, NO fence, NO livestock and NO posting (anywhere)It was (by the reg. book) well with in the laws to chase those birds. I choose to talk to the farmer anyway, he told me (for whatever his reasons) he didn't want people hunting on his land, fair enough, I am out there to promote the sport not pee all over it. I could of shot those birds, they "technicaly" were NOT on his land. I knew he was in his yard (I heard the farm equipment start) I honestly could care less about shooting a bird, I was more interested in introducing myself and my son to the farmer in hopes of a better outcome and maybe some of those (pointers) you were refering too grin.gif It didn't work out so well this time for us. Those things happen, will I ask him again, ABSOLUTELY if presented the same opportunity, I would handle it the same way. I don't take chances and I don't push the envelope and wait for "said" farmer to come out and verbally tell me to leave. Hunting that ditch is legal, had I wondered onto his field his only option would of been to come tell me to leave. I just as soon get the information up front and enjoy the outdoors w/o looking over my shoulder.

Link to comment
Share on other sites

Actually, sherriffs and COs don't actually know all of the complicated real estate laws. In some cases, the road is an easement for the purpose of travel only on township roads making ditch hunting illegal if the land is posted.

As this post is correct,You never know unless ya go to the county and check all roads and rules,which seems outta the way rather than just asking. cool.gifAnd it does'nt need posted because there is no right of way.

Link to comment
Share on other sites

There is a road running through my 80 acres going to a lake where several homes are. It cuts my 80 into two 40 acre lots. It is a township road, I think?

Anyway, a few years ago I asked why my taxes were for 80 acres, when the road takes up over an acre of my land (shouldn't it be 78 acres now?). The response "Being you own the land on both sides of the road, we only have an easement for the road. Anyone can use the road, but you own it. You cannot close or change the road, but the county can at any time. The county can also change the ditch. However, people can ONLY use the road, not the ditch." Or something like that. I asked if snowmobiles can drive in the ditch, and they told me "No, no vehicle, biker, or hunter is allowed to use your ditch, or it is trespassing."

This was great news as I have a few large trees and rocks in the ditch. Snowmobiles went around these and were killing trees I planted far from the road (past the easement). Now, the county can cut these trees down...but people still can't drive there. Also, people where hunting in the ditch when they saw a pheasant or a turkey.

I called a turkey hunter in last year, and the CO fined them. Turns out, they didn't have a turkey license either. Their claim "But I was in the ditch!" The CO said they had a hard time explaining that is was still trepassing for most people think the ditch is o.k. Hey, I did too until I asked!

It should be my land if it is included in my acrerage for my taxes, right? So, road hunters need to be aware...they may have to ask permission. It is not open season when birds are in the ditch.

Link to comment
Share on other sites

HammerHandle, you are completely right. Some ditches are not legal to hunt. Some are. It is impossible to tell without reading the easement language. Some people refuse to understand/acknowledge that though and will continue to put hunter/farmer/nonhunter relationships in peril.

Link to comment
Share on other sites

Always ask. I carry some vacuum packed walleye fillets with me when I go out and pheasant hunt. It is amazing how many times we have been granted permission when we offer some tasty fillets. I have given many farmers fillets just for spending the time talking even if permission was not granted. You just never know. I have had many farmers point me in the right direction because of the offer. Happened last weekend when we asking about a chunk of land we were wondering about. He did not own it but gave me the name of the family that did.

Another thing we have done is, we went out to ND and brought back 24 pheasants. We took them to Theilen and had them smoked. We vacuum packed them and give them too. Farmers enjoy that treat. Cost us very little.

I can always catch more fish. That part is easy. And my kids will not eat the pheasants since they are not chicken......go figure.

Link to comment
Share on other sites

And, yes...do ask. My land is posted with my cell phone number.

I got a call just now and a guy asked if he and his kid could hunt grouse this weekend. I told him yes, and the grouse hunting was good this year as I have got several. I even told him the best places to look for them.

If someone doesn't ask, I will call them in and never give them permission even if they do ask the next time.

There seems to be a lot of "road hunters". I will never understand this and most of it is illegal.

Link to comment
Share on other sites

Great ideas about gifting. It does work and I do offer gifts ! I even offer a hand at farm / yard work. I am NOT your "run of the mill" road hunter. I don't set out to hunt this way. Like my first post said, I have a 13 year old lab (great dog on the outs) and a 5 year old kid. We were heading to a place to walk when I spotted the birds in the ditch. I did not hunt these birds, I did not get mad at the farmer for his concern of his land. I was just a little torn. I agree with what you guys are saying TOTALLY" . Kudos for putting your cell number on the sign and I LOVE the let 'em hunt attitude, the sport needs more of you. That is what me and my son were doing, (hunter / farmer relations)I really enjoy the small talk alot that farmers have to offer. Alot of them are wise beyond their years. I can do without the "what have you done for me" people I run into every so often, The farms I get an opportunity to hunt can and have expected to see me with fruit baskets and candy boxes around the holidays. Others expect to see me in carharts long before the season to pick rocks and throw hay. They don't owe me anything, I owe them, I refuse to pay money like the jokers in S.D., but that is a differnet story, I pay with time and honesty, that is what I am trying to pass down to my son and that is how this sport of hunting will survive (IMO). It is so turning into a "rich man's" game and it stinks. THANKS to you guys that get this !! I hope our paths cross sometime, wether you let me hunt or not, I like to meet people that share the same values.

Link to comment
Share on other sites

CEDES, didn't mean to bust your chops and I will commend (spelling?) you on asking like you did. I wish more people would do like you and ask. I would also hope that the farmer/land owner would not give the unwanted lecture. When someone asks me it is either yes or no. No lecture. I have had the shoe put on both ways. Nobody deserves a tounge lashing for asking permission.

Link to comment
Share on other sites

Hammer-How do those folks down at the end of that road get power? It sounds like in your situation the easement is only as wide as the road. In most areas the right of way is much wider than the existing road for future development.

Link to comment
Share on other sites

We spoke with a farmer this weekend regarding permission to hunt a small wind break and slough we have seen birds fly into. As I was talking with her and introducing myself, I can see her eyeing the walleye fillets I have in my hand. After I explain who we are and such and what we were interested in, she reponds really quickly with a no. I say I have some walleye fillets to offer and she grabs them and slams the door in my face. All the time her two boys are behind her watching the whole thing. As I walked away, I had to laugh. She is teaching them to be just like her and continue the cycle. Some people never will change.

My buddy and I had a nice laugh about it on the way home.

Link to comment
Share on other sites

I don't think it gives landowners a bad name. I spoke with many who were really nice and we had a nice conversation even though permission was not granted. Maybe she was just really hungry....

It will not stop me from asking and offering my gratitude for just taking the time to visit.

Link to comment
Share on other sites

I personally believe that its proper to ask if one can walk that area. Most will say yes and then one does not have to worry about what might happen.

Maybe we have a right in some instances but how many landowners do we sportsman really want ot upset?

I would rather hunt where I know that the landowner is not going to come down on me and ruin my day.

I just ask and sometimes have to go on my merry way to the next landowner.

I would say that we should treat the landowner with the same respect that we would like if we were the owner.

Link to comment
Share on other sites

It seems to me that the powers that be should create a universal law for all county and township roads that clearly specifies a consistent ruling on this issue--if everyone (hunters and landowners) we educated on this it would clear up A LOT of conflicts every season.

I go out of my way to avoid breaking legal and ethical dilemmas while afield...that said, unless the name of your game is paying an outfitter for all of your hunts, the nature of the beast is that you're going to encounter a few ****** out there on a regular basis.

I have met a few farmers who were genuinely nice--whether they granted permission or not. There are just as many (if not more) out there who have had a bad experience with hunters in the past or are just dbags in general, and these guys aren't worth talking to...problem is, you don't know how they're gonna be until you meet 'em. The worst are the ones who try to act like they are better than you because they own farmland and you are just another clown from the city. I respect farmers for the work they do but they should have enough respect or at least common sense to understand that there are plenty of honest folks who don't live in rural areas but still love to hunt.

I've done some road hunting but as someone has mentioned I dislike having to look over my shoulder to make sure some farmer isn't gonna come flying over on his ATV and then fly off the handle. Would much rather get out and walk some land and not have to worry about it...plus getting a rooster up doing that is a lot more fun anyways.

Link to comment
Share on other sites

I believe Harvey Lee hit the nail on the head. I always ask even if it is not posted. The way I look at it is if they don't mind me hunting they will say yes. If they do mind (even though I think that I am in the right) they will tell me no and I will avoid a day ruining conflict. I think the only reason people don't ask is that they are afraid of what the answer might be....

Duckster

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use and Privacy Policy. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.