Private blocking access to public

american_jackal · Mar 10, 2017

I was wondering what the law is here in Utah, concerning accessing Public/BLM land that is blocked off by private. Do they have to allow access, or are you s.o.l. Im mainly concerned with road access. But would like any insight on any access, like trails, etc.

RutCrazed · Mar 10, 2017

What kind of road access the public property? Is it a county road that is maintained by the county?

Rut

american_jackal · Mar 10, 2017

Im more specifically talking about a road that runs through private property and has a gate, but the road continues to run into blm land

Homer · Mar 10, 2017

if it is a private road with no easement...then yes, you are SOL

hardbone · Mar 10, 2017

Smoke wrench...
Bolt cutters..
MMA skills wouldn't hurt either..
No problem ..
Bone

El_Matador · Mar 10, 2017

I would call the closest BLM office and ask them. There is no singular law that applies to all roads - some can legally be blocked off and others cannot. Some landowners will close off roads illegally to keep people out. The only way to know for sure is to inquire about the specific road in question. If it has been closed illegally you might get the sheriff to open it up, or just bring some bolt cutters and proceed on your way.

Another avenue would be to find out who owns the land and ask about access. I know of one road in particular that is gated and goes through private land. The owner will gladly allow you to ride a bike or walk through his property, but doesn't allow motor vehicles. I guess they bother his livestock. It never hurts to ask though.

bugleb · Mar 11, 2017

They have a law in Idaho that you can trespass through private property along section lines. I know an Idaho surveyor that said he has used that law many times over the years to gain access.

I don't think Utah has any law like that.

dz · Mar 11, 2017

>They have a law in Idaho
>that you can trespass through
>private property along section lines.
> I know an Idaho
>surveyor that said he has
>used that law many times
>over the years to gain
>access.

That sounds like an access to do work law, not to go hunting law. I would love to read it if you have the #. I lived most of my life in Idaho and never heard this before.

DZ

eelgrass · Mar 12, 2017

For years I hunted on a ranch that had a 160 acre patch of Forest Service land in the middle. We called it Government Point. It was our own little honey hole as there was no public access. The rancher tried to buy it many times. Then he could use it and pay property taxes. Nope.

tx_packmule · Mar 12, 2017

>For years I hunted on a
>ranch that had a 160
>acre patch of Forest Service
>land in the middle. We
>called it Government Point. It
>was our own little honey
>hole as there was no
>public access. The rancher tried
>to buy it many times.
>Then he could use it
>and pay property taxes. Nope.
>

We hunt one place that's similar. It's several thousand acres of river frontage public though that we've cut off land access to. Folks can get to it a portion of it by boat, but it's a tall task.

desertpointbrian · Mar 12, 2017

I own some land that right behind it is 600 plus acres of blm land directly behind it. There is a county road that leads near the property but does not take you directly to the blm land. I had to pay title insurance just to guarantee access to my property With all of the adjacent property owners. So in this scenerio no you do not have access to the blm land. Most cases if a guy seams he is respectful and dedicated enough to properly pull an animal out of there I have no problem granting access. Last year a guy pulled a 180 buck out with a general tag I could not have been happier for him. But back to the main post definitely a lot of scenerios they counter in I would call the blm to avoid trespassing

BPKHunter · Mar 16, 2017

Call B.S. on there being any law here in Idaho that allows for access across section lines. Not even for work.

We do have much more liberal laws than Wy and Colo, but not that liberal.

Fact is the public owns access or not. Ownership of access comes from Public Ownership or and Easement for public access. If you don't have one or the other you don't have access. There are different kinds of easements, so be careful there as well.

Unfortunately, public ownership no longer guarantees public access, certainly not if the owner is the State or County.

smartbuy3274 · Mar 17, 2017

I own land in Utah that is the exact scenario you are talking about. My driveway is a dirt road that goes through my private property. On the upper end it goes into BLM land. I have a lock on the gate, because most people around hunting season believe they own access from that road. However there are 2 other access roads to the BLM land on either side of my property. I have talked to the sheriffs department, the city, and BLM about access and have been told by all that I don't have to grant access because it is not a public road. I wouldn't mind allowing access if people would be decent enough to notice the no hunting or trespassing signs in the first place and come to my house to ask for permission before they try to drive up to the locked gate 200 yards past my signs. Before I owned the property I always thought it would be nice to hunt on other peoples property or go through it to get to my area, but I never did without asking first, even if there wasn't a sign. Sometimes around hunting season I wonder if its worth having the property when I am out with my children playing in the yard and I hear bullets fly over our heads.