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<blockquote data-quote="Allen" data-source="post: 265440" data-attributes="member: 389">While we see people fishing from the road right-of-way all the time where the adjacent land is posted all across the state, I am not aware of any legalese that specifically allows it. Where would the cutoff point be, must stay on road surface, go no farther than the shoulder, or?&nbsp; Does it have to be on a federal river, water of the state, or is it allowed on any surface water body adjacent to a road right-of-way?&nbsp; I am pretty sure you wouldn't want to shoot a pheasant in that ditch.Granted, I do know people that have fished the right of way near that bridge, and none have mentioned getting into any trouble with either the landowner or the wardens.I know of a place in Minnetucky (yeah, yeah, different state) where a landowner (one of 3 that own 99% of the shoreline to a nice little lake) tried to prosecute a couple fellas for trespassing onto their private lake.&nbsp; Wardens told them they couldn't/wouldn't do that because the two guys had drug their canoe in from the county roadway, which since water touched the right-of-way that made it a public body of water.&nbsp;&nbsp; The water surface does actually abut the road but it's way more of a cattail/weeds marsh at that point and they had to drag the canoe about fifty yards out to where it was open water.&nbsp;&nbsp; So the landowner tried to get them prosecuted for trespassing/dragging the canoe in through a protected wetland.&nbsp; That also didn't work.I'd be interested as well in hearing about any ND legal precedents or actual code on such activities.</blockquote>

[QUOTE="Allen, post: 265440, member: 389"] While we see people fishing from the road right-of-way all the time where the adjacent land is posted all across the state, I am not aware of any legalese that specifically allows it. Where would the cutoff point be, must stay on road surface, go no farther than the shoulder, or? Does it have to be on a federal river, water of the state, or is it allowed on any surface water body adjacent to a road right-of-way? I am pretty sure you wouldn't want to shoot a pheasant in that ditch. Granted, I do know people that have fished the right of way near that bridge, and none have mentioned getting into any trouble with either the landowner or the wardens. I know of a place in Minnetucky (yeah, yeah, different state) where a landowner (one of 3 that own 99% of the shoreline to a nice little lake) tried to prosecute a couple fellas for trespassing onto their private lake. Wardens told them they couldn't/wouldn't do that because the two guys had drug their canoe in from the county roadway, which since water touched the right-of-way that made it a public body of water. The water surface does actually abut the road but it's way more of a cattail/weeds marsh at that point and they had to drag the canoe about fifty yards out to where it was open water. So the landowner tried to get them prosecuted for trespassing/dragging the canoe in through a protected wetland. That also didn't work. I'd be interested as well in hearing about any ND legal precedents or actual code on such activities. [/QUOTE]

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