Who Gets to Own The West?

   / Who Gets to Own The West? #11  
Jstpssng said:
(QUOTE=two_bit_score;5463347)(QUOTE=two_bit_score;5463167)

No, as you have demonstrated in this and other threads you have a reading comprehension problem; you see what you want to see.
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Well there’s definitely a quoting problem. There are extra QUOTE tags somehow that are messing up who said what. I replaced the brackets with parentheses so the problematic tags show up.

FWIW, I found your original post to be a bit ambiguous. I think you are now clarifying that you do NOT support having the government force private owners to open up their land to public access. Correct?
 
   / Who Gets to Own The West? #12  
drssg said:
Well there’s definitely a quoting problem. There are extra QUOTE tags somehow that are messing up who said what. I replaced the brackets with parentheses so the problematic tags show up.

FWIW, I found your original post to be a bit ambiguous. I think you are now clarifying that you do NOT support having the government force private owners to open up their land to public access. Correct?
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Yes, I never said otherwise. However, allowing respectful access to undeveloped private land isn’t uncommon. In this state alone we have access to >3.2 million contiguous acres of timberland for hunting, camping,trapping, and other recreation. If all of the land got locked up there would be a big hue and cry to take it by eminent domain; and there are already those who are trying,
Y
 
   / Who Gets to Own The West? #13  
I don't see how anyone has the right to block access to a publicly owned road!. a privately owned road, absolutely!..
 
   / Who Gets to Own The West? #14  
radios1 said:
I don't see how anyone has the right to block access to a publicly owned road!. a privately owned road, absolutely!..
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Private property with a private road with no easements or other title claims are pretty much in the complete control of the land owner. Most public roads, I believe, are actually created by an easement, which is for all purposes makes them the property of the government. You may own "title" to the middle of the road, but you really have no equitable ownership rights, except maybe the privilege of mowing it from time to time.

There are instances where private property is subject to an easement, whereby the public has the right to enter in order to access public land or maybe a public road. Also, if you own a land locked piece of land, surrounded by other private property with no roads, you have a legal right to access that property, in spite of the fact that the access is owned by someone else. You may have to go to court and pay for the access, but the right is there. The street in front of my house was built, created and paved by the builder because we were rural. That's all well and good, but if the homeowners actually own it, they are responsible for maintenance, and we will have to take our garbage cans about a hundred yards or more to the main road. The city has resurfaced the street at least once, and I never objected. As far as I'm concerned, I have ceded it to the city!
 
   / Who Gets to Own The West? #15  
I have hunted a few areas in Idaho and some of the roads....road is being generous....we used were literally out in th middle of nowhere and have probably been there since the 1800s. If any of these roads were on private property I could see how a new owner could restrict access and piss off the locals but private property is just that......private

Trespassing rights are not grandfathered in
 
   / Who Gets to Own The West? #16  
2LaneCruzer said:
Private property with a private road with no easements or other title claims are pretty much in the complete control of the land owner. Most public roads, I believe, are actually created by an easement, which is for all purposes makes them the property of the government. You may own "title" to the middle of the road, but you really have no equitable ownership rights, except maybe the privilege of mowing it from time to time.

There are instances where private property is subject to an easement, whereby the public has the right to enter in order to access public land or maybe a public road. Also, if you own a land locked piece of land, surrounded by other private property with no roads, you have a legal right to access that property, in spite of the fact that the access is owned by someone else. You may have to go to court and pay for the access, but the right is there. The street in front of my house was built, created and paved by the builder because we were rural. That's all well and good, but if the homeowners actually own it, they are responsible for maintenance, and we will have to take our garbage cans about a hundred yards or more to the main road. The city has resurfaced the street at least once, and I never objected. As far as I'm concerned, I have ceded it to the city!
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This varies by state, and isn't the case here. Unless you have deeded access you are dependent on the good will of your abutter. There are exceptions; if your parcel was part of another tract and no R/W was granted when it was split, you can go to the court as previously stated. We manage a piece of land which, along with several others, can only be accessed by a 20' town right of way. The landowner petitioned the town to have them abandon it, reverting it back to him. They had a hearing but in order for the town to give it up they would need to pay each landowner for the value which they lost... essentially the town would have had to buy the land, as it has little to no value if you can't access it.
 
   / Who Gets to Own The West? #17  
My state recognizes unrecorded easements. If a road is the only access to a piece of property, the owner of that property automatically has an easement across adjoining property. This also holds true for BLM lands. O&C lands are in a checkerboard pattern where alternating sections are public and private. Anyone can cross the private section to access the public section, though roads are commonly gated. Contact the private property owner for a key and be ready to show ID. They have a right to know who is on their land.

The BLM tried to block private access to their BLM roads about 20 years ago, on the theory that they are fed and don't have to follow state law. Private landowners got peeved and there was a mini range war fought with bulldozers for a while, then the feds gave up.
 
   / Who Gets to Own The West? #18  
Larry Caldwell said:
My state recognizes unrecorded easements. If a road is the only access to a piece of property, the owner of that property automatically has an easement across adjoining property. This also holds true for BLM lands. O&C lands are in a checkerboard pattern where alternating sections are public and private. Anyone can cross the private section to access the public section, though roads are commonly gated. Contact the private property owner for a key and be ready to show ID. They have a right to know who is on their land.

The BLM tried to block private access to their BLM roads about 20 years ago, on the theory that they are fed and don't have to follow state law. Private landowners got peeved and there was a mini range war fought with bulldozers for a while, then the feds gave up.
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That one has me scratching my head... who owns the BLM land? Aren't "the Feds" you and me?
 
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