One more section line question

[fly2cast]

This question probably has been asked before but what constitutes a section line that we can drive on? More specifically, if a section line has a path on it, then, because of the terrain, it leaves the actual line, can you drive on it?

Look at points A, B, and C on the picture. The section lines were not gravel but were drivable paths. An area near C had a gate on the road. It was unlocked and didn't have any signs on it so we drove through to a gravel road. Were we OK to drive on said roads? There were no issues with land owners, just something I have wondered about.

 

[eyexer]

doesn't appear to me those are section lines. section lines run true north/south and east/west

 

[Pinecone]

didn't run into any rocks did ya?

 

[Tikka280ai]

;:;funnypost

 

[fly2cast]

doesn't appear to me those are section lines. section lines run true north/south and east/west

That's what I was wondering. In order for it to be a section line that we can drive on, does it have to run true north/South or east/west or are these roads considered a section line? In the example above labeled "A", if we drove from the north section line and headed south, were we suppose to stop at the point of the road where it goes around a water feature?

I should add that these roads show up on a county map.

 

[luvcatchingbass]

yeah the north, east and west lines "might" be section lines but your south line probably is not. If you look close to your B area you can see a faint line just north of the big curve that might be pretty close the true south section line, the A line looks like it starts and ends on a section line.
I do not have the exact answer on traveling section lines but I think there is a difference in major section lines and 1/4 lines for access/travel. I am not sure where this is but in your case Line A being a established path I think your OK even if the trail jogs in the middle and meets back up, now in the C area if it was me and I came across a gate I personally would be very leery of just potentially wondering onto someone's land if I wasn't sure where I was at. Not saying you did anything wrong just my opinion.

 

[fly2cast]

After reading the century code, I thought the road fell under the category of "Township Road"



It did have a street name and was on a county map but according to the county map, the road is classified as a "primitive road". I'll have to check if a "primitive road" is open to the public>

 

[eyexer]

primitive should be open to the public. you can technically access any section line. but I don't think you can legally deviate from that section line easement unless your on an actual improved trail/road

 

[tikkalover]

Just tell who ever stops you, that your looking for the pipeline protest.

 

[Retired Educator]

Open travel on section lines is difficult to define. In the first place the rules were not written with hunters in mind. I'm pretty sure they were written years ago to insure that a landowner would be guaranteed access to his property and have evolved to being used by hunters.

Another problem is that the sections line that runs straight for any distance is rare. Supposedly you also have the issue of right of way 33' on each side of the line. So, what do you do when you come to the inevitable slough how do you get around it? My experience over many years is to only drive on section lines that have some sort of trail established or when I know for sure that I am on a section line. Sometimes the arguments just aren't worth the trouble.

And then you will find areas in the state where there are gravel roads, marked on maps, and from the looks of the map that road is the only means of travel to an area inhabited by people. All of a sudden you come to a gate (usually a cattle guard) and a sign that says "No trespassing." Have no idea on the legality of these since I'm just about sure that road is county maintained. Also sure that without that road there are people living further down that need that road for access. Have never had a problem driving on these roads so assume the landowner is just reminding hunters that you are entering private property which means you can drive through but do not hunt or shoot from the road.

Only issue I have ever had was the time a warden stopped me for driving off-trail. Explained that it was a section line. He asked who owned that land and when I told him my uncle he said ok. Visited a little more and he wished me luck and moved on. Section line did not have a trail of any kind and we only drove on it during deer season. Why it belonged to my uncle and he was satisfied I have no idea other than maybe he wanted to make sure I wouldn't anger a landowner. Common sense has gotten me without difficulty for many years.

 

[Mort]

Another note, most sections lines roads/trails are 60 FT wide, section lines that have fences close to the 'trail' are more than likely 1/4 section or 1/2 sections line of the that section property, so be careful, you might get your asre chewed out.

 

[deleted member]

those look like "roads" to me. clearly not all roads follow section lines. and it also isn't clear if these are county, township or private roads. i assume they aren't private or they would be posted since improved roads sort of imply a right of access unless posted otherwise. think mailman, ups, fedex and the milkman... i bet they drive those roads.

 

[martinslanding]

if there's tire tracks you can drive on it...if you have any concerns just wear a clown outfit and have your DAPL sign handy

 

[You]

I understand most section line right of ways are 66' wide or 33' from each side of the centerline. can a fence be ran in the very center? assuming there is no improved/country road present, just a trail.

IF so, one could drive their vehicle within 33' of either side of the fence?

 

[Retired Educator]

I understand most section line right of ways are 66' wide or 33' from each side of the centerline. can a fence be ran in the very center? assuming there is no improved/country road present, just a trail.

IF so, one could drive their vehicle within 33' of either side of the fence?

Absolutely fences can run in the center of the section line. Then of course you need to decide which side you want to drive on. I'll refer to my previous suggestion. Unless you really need to drive down what you think is a legal section line, make sure you are doing everything correctly. It's rare, but there are spots in ND where counties have abandoned section lines. Which means they are no longer useable by the general public. Not common but possible.

Section lines run straight N/S or E/W, never have known what exactly is legal when you come to an impassable area and need to go outside the right of way. Then again if you have a favorite spot to get to, consider walking to it on the section line. Making a trail opens it up to other hunters. Hunting might stay better if you're the only one willing to walk in. For me life is better if I try not to create undue problems just to prove a point.

Lastly, in the National Grassland areas of western ND, just because there's a fence does not mean that fence in on a section line. Many of those fences were built years ago and generally follow the easiest terrain. I know of one area where a fence runs for more than 2 miles in a straight line. According to the map, one side looks like public land the other private. Well, that's kind of close but in actuality the fence runs about 200 yds on public land. The other side is private except for about the first 200 yd Why? I have no idea but it does. GPS can be very valuable in such areas where there is a mix of public and private land.

According to the rules as I know them; it's legal to drive on a section line. The problem is all the what-if's. And what-if's are the reason we have lawyers and end up in court occasionally. Two different opinions on the what-if's cause problems which I personally try to avoid as much as possible.

 

[You]

Good to know. I'm pulling fence in the near future and want to run the new fence survey pin to survey pin without consideration to the tire tracks/trails/approaches present. My parcel is totally enclosed and locked at a gate. What options of travel will others have if I do this? Can they drive over or tear down my fence? Can they climb the 'no tresspassing' gate and walk along the fence line inside my property (up to 33' in anyhow)?

 

[Zogman]

Good to know. I'm pulling fence in the near future and want to run the new fence survey pin to survey pin without consideration to the tire tracks/trails/approaches present. My parcel is totally enclosed and locked at a gate. What options of travel will others have if I do this? Can they drive over or tear down my fence? Can they climb the 'no tresspassing' gate and walk along the fence line inside my property (up to 33' in anyhow)?

Why not get with the adjacent landowner and petition the county commission to vacate the section easement?

 

[deleted member]

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

 

[fullrut]

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.

 

[fly2cast]

Maybe the question I am asking is: Are all of the roads on county maps (assuming they didn't make a mistake) open for travel to the public? The roads in question are: primitive road, unimproved road, graded and drained road.

They are marked like this on county maps:



I've always assumed they were since I believe they are maintained by county. But maybe not all of them are.