what the heck is a private road really?

[Goldwasher]

sooooo. if theres blm land with a road that acesses several properties and blm land, and theres no gate just a sign that says no trespassing private road no gate i can use that road to get to this blm land right..im not trespassing because im legally acessing my federal land right who do i talk to if im confronted by an irate homeowner if intercepted once headin down this road??

 

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[bigwater]

Well, people hit the first post in a thread that strikes a nerve, and reply to it without reading the rest of the thread first. It happens every day. I don't think anybody lacks sympathy to your situation... it's just that most of us aren't in your situation and can't really offer any valuable advice other than what we know from our own situations.

I misunderstood your situtation when I first posted, because that situation simply wouldn't exist here.

All I can suggest is to get an ATV and take it off through the BLM land five feet off the "private" roads rather than trying to navigate the hodgepodge of private/BLM roads... that is if ATVs are allowed on the BLM land in question. See, another unknown variable.

 

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[Goldwasher]

big water actually i have no problem with any of your posts... you have useful info and just misunderstood and had useful info... i was referring to the last post before my previous reply, telling me basically not to refer to the peer info gathered here.... the reason i asked a question is to get lots of answers....its the immature or condescending replies i dont need none of yours were.

 

[mrs.oroblanco]

Bigwater,

Is that Florida? I didn't know Florida had BLM land. I learn something new every day. Let me re-phrase that, I know the BLM manages some land in Florida, I just didn't realize that BLM actually has its own land in Florida. The east sucks anyway when it comes to public lands.

Beth

 

[bigwater]

Beth, I'm in North Georgia. I live in the Chatahoochee National Forest.

 

[ok2raise]

Here is something everybody might want to think about. I know several places like this here in ga like that on national forestery that has no right of way but private land owner has give them the right to cross their land , no right of way, just the right to cross. another way to get the foresrty to pay for their drive way or a road through their land. usally this road is used only for the right to fight forest fire or to cross their land to harvest trees. these road are not open to public.
if signs are post it still a good idea to check with the land owner

 

[Hoser John]

2 worlds exist,and bodies of law,exist west/east of the rockies. The BLM annually SELLS millions of acres every year. They also trade/swap and flat dump not associated properties in the west to consolidate lands to attached properties and dump landlocked lands. Every BLM office has a public room with a bulletin board listing properties up for sale/trade and etc--A local yokel club po'd the blm here in redding with their ungodly messes and they sold the property to the adjacent neighbor to end the bs--John

 

[Darshevo]

Hey Pville, I imagine you have checked this our already, but some time back I was looking through whatever information I could find on my property here in Spokane (actually trying to locate a plat map with the septic system on it) and found a map that showed I have an easement that runs some distance through my property. Short of sub-dividing it (its under 2ac and is within city limits) I can see no modern reason for it to be there. Before I wander too much farther off track, the point I am trying to make is if you haven't already looked at the plat maps in the assessors office you might check it out to see if the road in question is physically labeled as an easement. If so, and as I believe I understand it - it comes off a main road and ends on BLM property, being as the BLM property is public all you should need would be a copy of that plat map with you to prove to land owner or law enforcement that you had the right to be on it

Barring that rather than attempt to locate each of the private land owners to get a ream of paper to carry with you to indicate permission possibly you could lay your hands on the last owner on the road before the BLM land and get his - that I would imagine would take care of any preceding owners worries when they see you come and go

I have a close friend in California who moved there from here in Washington. He says its like living in a different country down there as far as the laws are concerned. I hope you are able to get an easy access set up and your potential claim is a good one

-Lance

 

[AU Seeker]

pvillehunter,

First I want to clarify to bigWater the difference in BLM land in the east and BLM lands in the west, most all public lands in the west for the most part have always been public land that is why you can stake a claim west of the Mississippi, because of the Mining Laws that opened these public lands for mineral exploration and the claiming of these minerals since they have always belonged to the people in the first place, in the east almost all public lands were purchased by the government from private owners and never were public to begin with, so they do not belong to us the people but instead belong to the government, you can however lease public lands in the east to mine the minerals if you have deep pockets.

Now I think what you pvillehunter are seeking is the RS 2477 of the US Code that was in the 1866 Mining Laws, I'm not well versed in this US Code, but I do know that some years back there were "groups" fighting for the rights that RS 2477 gave us to right of ways to public lands, I haven't heard much lately as to what has become of the court battles involving RS 2477, I would suggest that you do some research into RS 2477 to see what has transpired in the last 5 or so years, I haven't keep up with it in this time frame, but this is what you are looking for if it hasn't been taken away from us, which maybe the case as all of the links to info and groups I had 5 years ago are no longer valid links, and I just did a search for new info and can't seem to come up with much.

Also it was my understanding that RS 2477 applied even to previously public lands that are now private lands, which is your case in point, I don't think that RS 2477 applied to lands east of the Mississippi, i.e. as it was a Us Code apart of the 1866 Mining Laws.

Basically if there ever was a right of way/highway(even if you had to use a boat or your feet to travel on the right of way it was historically considered a highway) over a long period of time RS 2477 protected your right to traverse it.

Here is one link that may help you get started.

http://www.wnd.com/news/article.asp?ARTICLE_ID=18049

Also here is a quote from this page/article, that explains RS2477 briefly, and that it was repealed in 1976, but the repeal didn't affect public right of ways prior to the 1976 repeal..

"RS (Revised Statutes) 2477 was a section in the U.S. Code that first appeared in the Mining Act of 1866 and until 1976, governed right-of-way policy on federal land. As interpreted by the courts, under RS 2477, existing right-of-ways were to be honored on land acquired by the federal government. The section was repealed in 1976 by the Federal Land Policy and Management Act, but a section in the new act stated explicitly that "Nothing in this sub-chapter shall have the effect of terminating any right-of-way or right-of-use heretofore issued, granted, or permitted."..."

Also another link to RS 2477 resources, but most of the links here are dead, but a few aren't.

http://www.landrights.org/ak/RS2477.htm


Edit: I just found this on BLM's website on their stance on RS 2477.

http://www.blm.gov/ut/st/en/prog/more/lands_and_realty/rs2477_rights-of-way.html

2nd Edit: More up to date links.

http://rs-2477.org/

http://www.plp2.org/forums/showthread.php?36-RS-2477-Direct-and-Constructive-Notice-Template

http://www.nplnews.com/library/rs2477/rs2477.htm

http://rs-2477.org/Road-Law.pdf



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[Goldwasher]

thanks for the info i just saw it and its late so ill look into it more tomorrow, and yes i know i need to look at the real plat maps to see if theres an easment, this spot is on the backburner cause its dry right now and were hittin other areas but, i do want to find out whats up so we can hit it in the wet season. thanks for the replies guys