[Junker]

What are the rules about crossing posted private land? If there is no locked gate and it is the only way into BLM land are you allowed to use the road? I don't want to trespass or get shot at but I sure don't want to hike 10 miles around either.

Junker

[AuTSaurus]

What are the rules about crossing posted private land? If there is no locked gate and it is the only way into BLM land are you allowed to use the road? I don't want to trespass or get shot at but I sure don't want to hike 10 miles around either.

Junker

"What are the rules about crossing posted private land?"

Junker,

You state that it is private, you state it is posted, (I HAVE TO ASSUME you mean posted with "No Trespassing" signs), you would be trespassing. (Pretty Clear...)

Greg

[rockhound]

Just find the owner of the land (recorders office for that county) and ask him or her if you may cross for a specific reason . May times they will let you ...,ever hurts to ask...they usually wont mind..because you asked in the first place. No big deal....

[Junker]

"What are the rules about crossing posted private land?"

Junker,

You state that it is private, you state it is posted, (I HAVE TO ASSUME you mean posted with "No Trespassing" signs), you would be trespassing. (Pretty Clear...)

Greg

The signs just say private land and the road continues on BLM land. I just can't figure where it comes in from the other direction.

Junker

[Montana]

Junker. We have many roads in this area that are posted "private land next 3 miles or whatever" This means you can pass through but no stopping while on that private stretch of road. You may also see BLM or FS signs that say "entering private land" and another sign further down the road that says entering BLM or FS land . Both situations imply that you can pass through. If the sign says private property no tresspassing then I would try to locate the owner. There have been many cases where a property owner blocks access to public lands and gets away with it although he may not have a legal right to do so. It takes a court action to get these opened back up. There is something about roads that have been used for so many years for public access can't be closed off . If the state, county, Forest service , or Blm maintain the road through the private property then it is supposed to be open to all citizens to pass through.----Bob

[grubstake]

Its a realastate law, that says if! it has been open to public access for 3 or more years, it becomes a right to pass. Grubstake But it could be a court battle.

[Uncle Ron]

"There have been many cases where a property owner blocks access to public lands and gets away with it although he may not have a legal right to do so."


Yeah, Bob, think Angel M. ... Unc

[matt]

In California, a public road through private land is an deeded easement. A person CANNOT leave that easement and cross private land to access adjacent public land (forest circus or blm) without permission from the landowner whether it is posted or not. The only legal ways to access that land are to gain permission from the landowner or go around the private land and access the public land through other public land that adjoins the area you want access to. There is usually a fisherman's easement on private land along navigable waterways, but a person must access the waterway by way of public land or permission by the owner which can make for a long hike. Hope this helps. Take care.
Cheers,
matt

[Dakota Slim]

I started what turned out to be a lengthy thread about accessing BLM land on Bill Southern's Nugget Shooter forum a few years back when I couldn't access a bunch of BLM areas in CA. Silly me, at the time I was thinking that the BLM or it's predessessor allocated all the land when in fact the 1st form of government in many areas was the mining district. Then came the states, cities, counties and at some point in time a federal agency. There are a variety of reasons why some public land is landlocked and in a perfect world this would not be the case. As we all know, we don't live in a perfect world. I will say that I am a firm believer in the rights of property owners and if they have taken the time to post land there is a reason. I'll also say that many would be willing to grant you access if you ask them. I went through this a lot when I was scouting for potential hunting spots in MN.
The bottom line is there are places you won't be able to get to but there are many that you can get to. I prefer to stay away from lawyers and legal hassles so if I run into a dead end I just go somewhere else. My grandfather gave me some really good advice when I was a kid and I'll never forget it. He said "Never get in a pissing match with a bigger skunk."

[gilaoro]

Also its unofficial "Offical Policy" for the US Forest service to "Conspire" with private land owners to land lock acess to the national forest.
Their reason? The more FS land that the public (YOU) can not acess the less the FS has to spend managing it! They can and do leave "Management" to the souranding private owners.
Just drive through the state of Colorado and look for acess to FS land where at one time you could camp or recreate. There is very little left! You will see many signs saying 'NO CAMPING, CAMPING IN AUTHORIZED CAMP GROUNDS ONLY" When you get to the authorized USFS Camp Ground you will find #1 it is managed by a private operator not the FS, #2 reservations are required (Like a year in advance) and #3 prices are closer to $100 a night than $5.
I rest My case!!


Unc, There is a case near Deming, NM where a rancher has blocked a BLM mnaintained road with a huge steel locked gate for many years and court actions, the road leads to an old US Army Fort, the ruins of which are maintained by taxes. The BLM unofficilay conspires with him.
( See my other psot on this subject)
Max

"There have been many cases where a property owner blocks access to public lands and gets away with it although he may not have a legal right to do so."
Yeah, Bob, think Angel M. ... Unc