Corner crossing case

[RockyMtnMT]

My property in CO backs up to BLM and Forest Service land; my neighbors do not allow public access but there is access on the north side about 2 miles from my house but no motorized vehicle access period. The only time I ever see anyone back there are hunters who ignore the "No Motorized Vehicles Past This Point" sign. A friend of mine actually cuts the gas lines of ORVs he finds in areas where there is no motorized vehicle access.

Why should I have to grant an easement to allow access? You are free to enter as long as you walk and use the access 2 miles north.

I agree with you. On the other hand, for argument sake. Why should an individual be allowed to purchase land that surrounds public land and then deny public access to that land? Would be the same as a private land owner turning his land over to the public (gov) that locks another land owner and then the gov (public) denying that land owner access to his land. I guess he could use a helicopter.

 

[Ol' Red]

I watched an episode of fresh tracks with Randy Newburgh where he took a nice elk on landlocked public land by accessing it with a helicopter he says, looking at the whole hunt the chopper wasn't really that expensive. Plus they flew him and his elk out at the end of the hunt.

Do you remember what state that was in? Here in WY choppers are not legal for hunting. I guess I have not checked that regulation in several years.

 

[RockyMtnMT]

Do you remember what state that was in? Here in WY choppers are not legal for hunting. I guess I have not checked that regulation in several years.

In MT I believe you have to wait 24 hrs after flying before you can hunt the area you flew over.

 

[338 dude]

Do you remember what state that was in? Here in WY choppers are not legal for hunting. I guess I have not checked that regulation in several years.

It's been several years since I saw that episode but I don't recall what state he was in

 

[FlGunner]

My property in CO backs up to BLM and Forest Service land; my neighbors do not allow public access but there is access on the north side about 2 miles from my house but no motorized vehicle access period. The only time I ever see anyone back there are hunters who ignore the "No Motorized Vehicles Past This Point" sign. A friend of mine actually cuts the gas lines of ORVs he finds in areas where there is no motorized vehicle access.

Why should I have to grant an easement to allow access? You are free to enter as long as you walk and use the access 2 miles north.

Property like yours isn't the issue if there's an easement in place already. It's Property that essentially land locks Public land. I believe you should do what you want to with your property and others should stay off of it. There's no reason to trespass. But public land belongs to the public. That's the argument with the land locked public ground with no true easement into them. I quite sure you'd have a hell of a fit I if someone was able to but every square inch around your land and tell you you can't get to it. That's all this boils down to is one land owner controlling another. And I also agree there should be very stiff penalties for people ignoring the rules and using motorized vehicles where they are not allowed. But I think your friend should call the law vs vandalizing. Says a lot about the nature of both.

 

[338 dude]

Do you remember what state that was in? Here in WY choppers are not legal for hunting. I guess I have not checked that regulation in several years.

 

[Coldfinger]

When was the last time the government did anything logical?? LOL

Get the govt involved and it'll surely get f&@kd up

 

[Coldfinger]

Before air travel land ownership was from the center of the earth to the heavens. Then comes mineral rights and what is considered legal airspace. I don't remember what that elevation is, but my recollection is there is a number. Prior to this ruling those land owners could not stop someone from using a helicopter to access public land locked behind theirs. I'm guessing that now with this ruling there will be a change in how high the landowner controls above his property in certain locations.

Road access to land locked public land is going to be a separate issue. I think.

Seems like the tree tops would be the limit???

 

[Coyote Shadow Tracker]

Love that area with all those Elk. I can only Dream about them tonight!

 

[PBramble]

My property in CO backs up to BLM and Forest Service land; my neighbors do not allow public access but there is access on the north side about 2 miles from my house but no motorized vehicle access period. The only time I ever see anyone back there are hunters who ignore the "No Motorized Vehicles Past This Point" sign. A friend of mine actually cuts the gas lines of ORVs he finds in areas where there is no motorized vehicle access.

Why should I have to grant an easement to allow access? You are free to enter as long as you walk and use the access 2 miles north.

Wish I could find the exact statute in Title 29 laws here, but that varies from state to state too. I swear I once read that, again, only here in Oklahoma is what I'm referring to, that if your property prevents access to public lands, then you must allow crossing to access them. But we have some weird laws here too. I know at lake Thunderbird, the COE has jurisdiction and can tell the game wardens which offenses they can prosecute. It'll illegal to bait on public land here and I find it a lot at the lake. The game wardens tell me their hands are tied because COE won't allow them to prosecute.

 

[manitou]

Do you remember what state that was in? Here in WY choppers are not legal for hunting. I guess I have not checked that regulation in several years.

He wasn't using it for hunting, just for transport into the place... and pickup after the hunt. Not illegal.

 

[338 dude]

I agree I would not want a bunch of people traveling across my land to access land behind me even though I'm not in that situation, I'm just saying there needs to be access to the public land that does not mean it must be everywhere or convenient.

 

[BillLarson]

Good deal...... hunting out west success has become not hunting but PAYING...

 

[Muddyboots]

All we want, as Public Land Owners, is unfettered access to our property. It doesn't have to be easy, convenient and or motorized. Just our right to access. This is not that difficult to understand. What we have here are private land owners that see "their" sole personal access to public land being threatened.