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Message: <blockquote data-quote="Allen" data-source="post: 483868" data-attributes="member: 389">I believe what we are learning here is that road rights-of-way are complicated and inconsistent.I do know that this topic was on the minds of many in Lincoln this past evening.  Lots of distrust and open animosity on both sides.  I guess some of the squeakier wheels are a related group of landowners out east of Bismarck.  But at least one Lincoln resident spoke out against OHV use in the ditches, and he lives in town.  Not exactly sure how to interpret that one.My personal take on this is that a State law/rule/regulation that permits/requires a stranger to drive on your property is basically unconstitutional. According to OnX and the legal description on my deed, I own to the middle of the asphalt county road at the end of my driveway. Therefore, my understanding is that our State Constitution provides for a 33 ft road right of way on my side of the section line.Remember, the rules state they are to drive in the lowest point of the ditch, but not trespass.  The two-wheel ruts in my ditch are as much as 45 ft from the section line using Google Earth for measurements.  If I chose to deny passage, there is a conflict between the State law authorizing people to use the ditch (not road shoulder, interior slope, etc) against the 4th Amendment to the U.S. Constitution.I'm really torn on this one, I consider the net impact of OHV use in my ditch to be a trivial issue and just part of the overall rural living experience.  But my understanding of the U.S. Constitution is at odds with the current rules.  The State telling me that I must allow strangers to recreate on my property is clearly an unconstitutional take under the 4th Amendment without some form of compensation or easement.</blockquote>

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