Landowner issues

[Davey Crockett]

Interesting to see how many lake lots there are around DL that are under water and sill collecting taxes.


https://gis.co.ramsey.nd.us/ParcelViewer/

 

[Sum1]

I think someone needs to get "perched" over this.

 

[RustyTackleBox]

Rusty, that is completely incorrect. If you can walk off a road or section line right onto the lake without leaving the designated right of way, then you are legal.

Also, lunker... please clarify where you are talking as bout. The only place he has a dock is practically right in his yard. And that picture you posted doesnt look like his place.

I am just going by what the game and fish officer told me... I was looking at scooby lake before everyone hit it hard this year and did NOT fish it because I couldn't access it with out going right off of the road on the west side of the lake at the time and that part of the ditch the water comes right up to the road

 

[lunkerslayer]

Where is Scooby lake

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Where is Scooby lake

Never mind yes the game warden is correct that is not a section line road it is a private drive

 

[zoops]

East of Max

 

[RustyTackleBox]

the spot I marked here is where I was asking the game warden about... this is the west side of the lake... the east side has an access point that I did not know about at the time nor was it plowed out... I was told it is illegal to access the lake at that point because 1/2 of the road technically belongs to the land owner even though it is a public road and at the point you leave that right of way if there is 1 blade of grass that you cross you are trespassing... it is similar to the "corner crossing debate" where if there is 2 sections posted out of the 4 corners if you cross at the corner you are trespassing on the 2 posted sections because you crossed their air space

 

[espringers]

That very much looks like a county road. If it is a county road, i would say the game warden is wrong. And its also different than the corner jumping rule. Just my two cents..

 

[Lycanthrope]

Landowners own half the road? I havent heard that one before...

 

[lunkerslayer]

Yes land owners own county roads but they have an agreement with the government to allow public access via gravel or pavement roads the state funds (taxes) will be used for the upkeep. Right of way and an easement are two different definitions to private land used for public use. If you can access the ice from any section line you have legal right to fish that lake even if it is on private property and has been deemed public waters controlled by the NDGF. Farmers like to think they own the water that is connected to an right of way but during the winter months that ice is owned by the state government.
So yes farmers own the whole section of land which is usually 1 mile by 1 mile BUT they do not own the ice water if it is accessible by the right of way. Land owners still pay taxes on all the land that they own regardless if it underwater but I beleive they get a tax break of some sort.



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Where is Scooby lake

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Never mind yes the game warden is correct that is not a section line road it is a private drive

ok I was thinking of scooby point my bad wrong lake

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example would be the epic FBO thread Browns Bay

 

[espringers]

Ice or open water... makes no difference for the purpose of this discussion.

 

[gst]

If anyone wishes to read the law relating.


http://www.legis.nd.gov/cencode/t24c07.pdf


https://www.ag.ndsu.edu/aglawandmanagement/appliedaglaw/reference/sectionlines

 

[Captain Ahab]

The NDGF will not stock a lake without a way for the public to access the lake. Figure out the access and you are good.

 

[Kurtr]

down here if it touches the ditch you can go.

 

[Wildyote]

You can legally access a waterbody from section line if it is 33 ft from center line.

 

[luvcatchingbass]

I had a couple lakes that I contacted the G&F about because of land lock earlier this year. I was surprised that I got a very timely response with clarification of the access, I have saved that email just in case I get into a landowner dispute and they threaten to call the cops I plan on letting them. Access to this particular case is actually a section line as well.

 

[arcticcatfish]

I found a plat book and were i accessed the lake is a section line, i think the landowner just wanted his own little lake and was a real a-hole about it!

 

[Davey Crockett]

Did you park a vehicle on the road ? I've read about other issues like this that were the result of fishermen parked on the road and farmers can't get through with machinery .

 

[arcticcatfish]

Was parked in an approach

 

[lunkerslayer]

Thanks for the update let us all know how you did #$%^&>

 

[Davey Crockett]

where is lake a new ? I heard they are killing it on perch and northerns there but I can't find it on the map.