Sitka Gear Turkey Tool Belt

County roads passing through private lands?

While I don’t disagree, I’d love to see that easement paperwork and I’d venture to guess that access can only be denied once that road hits your line. There are definitely nuances, but I’m pretty sure the public can be on that part of the road that crosses public ground.
No. The public land has motor vehicle restrictions on it -- I and my invitees are the only ones permitted to drive on the road. I can't keep people from walking on the road where it crosses the State section, but I absolutely can keep people from driving on it.
 
No. The public land has motor vehicle restrictions on it -- I and my invitees are the only ones permitted to drive on the road. I can't keep people from walking on the road where it crosses the State section, but I absolutely can keep people from driving on it.
And what do you gain by doing so?
 
And what do you gain by doing so?
Preventing damage to my road and trespassing (remember that the public land my road runs through prohibits motor vehicle use unless specifically authorized). 95% of the time, the folks that ignore the "No motorized vehicles" signs also ignore my private property signs later on. Usually, these folks are dirt bikers and mud boggers that love to hit the dirt right after a rain.
 
There's a road in Sheridan county, WY, that the county map says is public (Hidden Water Road), but when I got to it, it was gated on both ends. I called the county, they said it's public, but I couldn't get an answer as to why it was gated.
 
@Cornell Cowboy

It sounds like this happens quite often. Have you ever successfully prosecuted someone for trespassing on the portion that passes through public land?
They would get cited for violating the no motorized vehicle restrictions... the sheriff rarely gets out quickly enough to catch the ones running away. The others have left after I talked with them. The nuances of my situation are somewhat unique, as the public land is part of a pedestrian/biking only area that borders the city limit.
 
They would get cited for violating the no motorized vehicle restrictions... the sheriff rarely gets out quickly enough to catch the ones running away. The others have left after I talked with them. The nuances of my situation are somewhat unique, as the public land is part of a pedestrian/biking only area that borders the city limit.
I know of situations where a private landowner at the end of a closed road on BLM has an easement and his own lock on the gate and gets to drive in where no other public is allowed to drive behind the gate.
 
I know of situations where a private landowner at the end of a closed road on BLM has an easement and his own lock on the gate and gets to drive in where no other public is allowed to drive behind the gate.
If it hadn't been for the vehicle restrictions, that's how the State would have had mine too. The section gets used by 100+ people per day, which would amount to an enormous amount of traffic.
 
Cornell cowboy, your explanation looks right to me. One can certainly have a private road over public land. However, in my experience you probably cannot prevent people from walking on the road or perhaps biking, and almost certainly not crossing it. I am most familiar with state trust lands in MT where folks have purchased motorized easements across trust lands to access private parcels. In addition, state land lessees can drive across state land where the public may not; I think this is a a specific corollary access granted in the lease but I’m not sure.
There are many, many examples of roads on federal land where certain designees are allowed exclusive vehicular access. The question that we may be getting hung up on is what rights do the public retain? In your case perhaps the easement (and road) are exclusive but in most cases I’ve seen the public retains whatever rights they had to begin with in the underlying land, which would include non-motorized travel. Is that indeed the case?
 
Cornell cowboy, your explanation looks right to me. One can certainly have a private road over public land. However, in my experience you probably cannot prevent people from walking on the road or perhaps biking, and almost certainly not crossing it. I am most familiar with state trust lands in MT where folks have purchased motorized easements across trust lands to access private parcels. In addition, state land lessees can drive across state land where the public may not; I think this is a a specific corollary access granted in the lease but I’m not sure.
There are many, many examples of roads on federal land where certain designees are allowed exclusive vehicular access. The question that we may be getting hung up on is what rights do the public retain? In your case perhaps the easement (and road) are exclusive but in most cases I’ve seen the public retains whatever rights they had to begin with in the underlying land, which would include non-motorized travel. Is that indeed the case?
You are correct, at least as far as my portion that runs through State land. The public can walk on it, just not drive on it. It is, as you say, very similar to the rights the previous agricultural lessee had on it -- now it's leased by the county for mountain biking and hiking for the public. Part of my situation is unique because I secured a large portion my easements through private land; later on, public entities purchased the land for public access, but these entities still have to abide by the recorded easements.
 
This is such a stress point for me…especially in Montana with those cattle gates. Roads show public on onX and no private property signs, but there will be a cattle gate across the road. I always get paranoid and turn around. Last year muley hunting I could see paved road 100 yards past the cattle gate and ended up just turning around. The weather was bad and I nearly got stuck in the muddy wash out plus 10 miles out of the way. At least my conscious is clear right? *sigh*
 
Anybody ever try to drive out to Billy Coulee, South side of Ft.Peck reservoir?
Years ago the only map for the area showed a road which appeared public.
Gate was open and not posted.
The judge dropped charges for a case of canned beans.
Irony?
 
I know of situations where a private landowner at the end of a closed road on BLM has an easement and his own lock on the gate and gets to drive in where no other public is allowed to drive behind the gate.
I can name half a dozen roads around here that are crossing public where this is the case.
 
State hwy 130 passes through private land where the road splits a private land holding for miles. The Counties make an amateurish attempt to maintain it. It's sorta paved, mainly chip sesled. The landowners signed a right of way but not an easement. There's a huge difference.
 
Only one I ever checked is pretty much exclusively through private, "touches" a corner of public halfway down it. Both sides are private, cattle guard, but no gate and LOTS of signs. After checking county and G&F, the road is public, just don't pull off on the private. ESPECIALLY during hunting as the private is leased to a local outfitter and they WILL report you!
 
No. The public land has motor vehicle restrictions on it -- I and my invitees are the only ones permitted to drive on the road. I can't keep people from walking on the road where it crosses the State section, but I absolutely can keep people from driving on it.
So is the motor vehicle restriction keeping people from driving on it or is it considered a private road? Close to me there's a road on FS land that leads to a parcel of private property. About a mile up the road the FS has a gate up restricting motorized access but you can walk on it all day long.
 
So what would happen if you are on a road that is 100% public and you know without a reasonable doubt that road behind a lock gate is also public and you cut the lock and keep on trucking?
 
So what would happen if you are on a road that is 100% public and you know without a reasonable doubt that road behind a lock gate is also public and you cut the lock and keep on trucking?
Just because a road is on public land, was built and is maintained by a government agency does not mean that it is always open to the public. So, I would say the answer is No.
 
Just because a road is on public land, was built and is maintained by a government agency does not mean that it is always open to the public. So, I would say the answer is No.
That’s not what I said, I said road is 100% that it’s public. You confirmed with the county, the Blm or forest service, game warden who ever else and they all say you can drive down it. You even did one better and got emails back and forth confirming this. You get out there and the road goes through flying AH ranch and there is a gate with a lock you cut the lock go through the gate and close the gate behind you. What would happen?
 
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