One more section line question

[Retired Educator]

Just because a road shows on a map doesn't necessarily mean it's a public road. Example, my drive way begins on the end of a section line road that dead ends because of river bottom. My driveway goes through my yard, across private farm land and connects to a county road. Once you leave the section line and enter my driveway, you're on private property for 3/4 of a mile until you get to the county road. The road is there for the convenience of the landowners. I've seen many examples of private roads mapped on county maps and platte books. I wouldn't risk using a section line rule if confronted off the section line.

Not exactly sure what you are trying to say and don't know the exact circumstances of your farm but if I ended up in your yard and it looked like I had followed a road that took me to a place I didn't intend I would stop and hope someone was at home. Explain how I got there and ask "What is the best way to get to where I wanted to go." It's only happened a couple of times for me and each time the landowner was friendly, understood how I got to where I was, and provided me the information I wanted. I think it's better for the landowner to know who just drove in, rather than drive in and then leave.

I have found most landowners who are treated with respect and courtesy react in the same manner. Now if they think I'm trying to get away with something then I suspect they won't be quite as friendly. In the same manner I don't think it's right for landowners who purposely block off public land access. Surely there has to be a way for everyone to have reasonable access without causing landowners any problems.

 

[fullrut]

My driveway shows up on maps. Having to drive within twenty five feet of the front of my house and manicured lawn of both sides should be a indication that it's private. I do have signs on the end of the driveway stating so. Just saying, a road on a map doesn't mean it has a township easement. Hell, google earth still shows overlays of roads/trails that have been gone longer than google earth has been in existence. Sorry, sore spot for me. I've had to explain the concept of section line(s) too many times. I don't have a problem with local neighbors, but I've damn near been hit just walking out of my garage which is only feet off the side of the driveway by "tourists".

 

[deleted_account]

what's the protocol on land owners digging and planting right over a section line? seen it a handful of times, and really I don't care all that much. just curious

 

[Bowhunter_24]

I drive on roads and section lines

 

[guywhofishes]

what's the protocol on land owners digging and planting right over a section line? seen it a handful of times, and really I don't care all that much. just curious

now you went and did it

 

[deleted member]

wags, you pot stirrer you! they can plant up to the section line and/or till it up. they can't legally impede travel though. and, assuming it hasn't been closed by the county, you would be within your legal rights to drive through said crops down said section line. sort of douchey. but, legal. i guess the same can be said about tilling up and planting it too. maybe not i guess. as long as they understand there is still a right to travel it.

 

[fullrut]

what's the protocol on land owners digging and planting right over a section line? seen it a handful of times, and really I don't care all that much. just curious

Seen it also. Was told they petitioned the township to abandon the road. Mostly section lines with no homes or other utility easements along them. In my area it happened back in the 50's when bridges were removed and deemed too costly to replace. As long as there was access to all the property along it, not much of an issue.

 

[eyexer]

it's generally a big process to close a section line. and it usually includes public input meetings.

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it's generally a big process to close a section line. and it usually includes public input meetings.

 

[fullrut]

it's generally a big process to close a section line. and it usually includes public input meetings.

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it's generally a big process to close a section line. and it usually includes public input meetings.

Not too hard when you barely have enough residents to even fill the township positions. A lot of the people in my area have been on township boards for generations. I may even get on the board when someone eventually dies.

 

[Obi-Wan]

I believe you also need a valid reason to close off a section line. Keeping someone from getting access to another section of land or just being a dick is not a valid reason.

 

[eyexer]

Not too hard when you barely have enough residents to even fill the township positions. A lot of the people in my area have been on township boards for generations. I may even get on the board when someone eventually dies.

thank god it's not the township that closes section lines ;:;rofl

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Not too hard when you barely have enough residents to even fill the township positions. A lot of the people in my area have been on township boards for generations. I may even get on the board when someone eventually dies.

I think the state should have to approve any section line closings by a county.

 

[You]

Hey you, just curious why you want to run it pin to pin.

Parcel is long, narrow, and small, I'd gain a half acre or so. Figured I'd go for it since I don't like the fence and plan on pulling it. That's about it. It's a dead end into a cattle pasture anyhow.

 

[fullrut]

thank god it's not the township that closes section lines ;:;rofl

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I think the state should have to approve any section line closings by a county.

Sorry if I confused you. Section lines remain, but roads can be abandoned.

 

[db-2]

when you hit a water spot on a section line and you need to go around the water.
It is called a cartway and the section line goes with the cartway. Its in the century code.

 

[deleted member]

good to know! you got a link?

 

[db-2]

Well after a few weeks I just found how to post on here let along know what links are.
but tonight I will find the number for the century code I hope and share it.
I learn of this the hard way about 20 years ago when game and fish said I went off the section line. However a good friend at the time show me the rule which I show to game and fish and that ended that issue. So I hope to find tonight. If so will post on here.
Great to be on a site where people will talk. Just did not happen on FB anymore.

 

[eyexer]

Sorry if I confused you. Section lines remain, but roads can be abandoned.

road may be abandoned but if it isn't officially closed by the county one can still traverse down a section line.

 

[BDub]

Well after a few weeks I just found how to post on here let along know what links are.
but tonight I will find the number for the century code I hope and share it.
I learn of this the hard way about 20 years ago when game and fish said I went off the section line. However a good friend at the time show me the rule which I show to game and fish and that ended that issue. So I hope to find tonight. If so will post on here.
Great to be on a site where people will talk. Just did not happen on FB anymore.

Welcome to the dark side DB!

 

[svnmag]

Story theater:

[URL]https://www.youtube.com/watch?v=1MeAjew_kYU[/URL]

 

[db-2]

Over the years, the people at Bismarck have passed many rules that cover just about everything. They are found in the century code. Section on Highways, bridges and ferries covers section lines. These writing are usually short and easy to read but problems come up in interpretation of the rules and that is when case law comes into play.

In general section lines are consider public roads (even if there is no establish trail down the section line) and are open to public travel and one can not obstruct.

Section 24-07-03 is short and tells how one can close a section line.
Section 24-12-02 writes about putting a fence across the section line, growing crops on a section line (and that depends on the intent of growing a crop on that line), and it goes on with various rules. It is easy reading.
Then you have the deer hunting rules that while in the PROCESS of hunting one can not drive off an establish trail. So it appears going down a section line with a vehicle while deer hunting and no trail you can not go down by that rule.

Now there is a rule on cartways and how the section line moves with them. I could not find last night. Did call an attorney this morning and he said yes but was not sure where it is. So I will keep digging to find. db