Checkerboard land access

[yotebuster]

What have you guys (or gals) heard about accessing public lands in checkerboarded areas. Can you "cut corners" to access the next public section and so on? I've done it on BLM in Montana because a game warden said it was legal, but then I've heard it isn't legal. I'm interested mostly about NM, but if you have any info about doing (or not doing) it in AZ that would be great to hear. I would assume it is a federally controlled thing, but perhaps states have different laws. Thanks, YOTE

[jamaro]

Tresspassing is tresspassing... Ask our old Director...

J

[tontotom]

Really what we are talking is legally accessing "our" public land which happens to be checkerboarded. Too many would be controllers try to limit or refuse access to public land. New Mexico has some strict laws for tresspassing so I suggest reading the proclaimation as it outlines these rules.

 

That said, where public land intersects public roads cannot be legally posted and access cannot be denied. You might not be able to drive into the land but you can park on the side of the road and walk. From there if you have a gps with land access maps keeping on public checkerboard land shouldn't be too much of a problem.

 

In Eastern Arizona a landowner sent out notices that none of his ranch could be hunted because he controlled all the access points and moving accross corners is tresspassing. It looked very official and had some notations from a law office. Only problem is in Arizona private property must be legally posted, not just the exterior but all private land. Of course this isn't practical so there is a lot of posturing and bluffing going on to try and keep people out.

 

I don't condone tresspassing on private property but I'll be damned if someone who controlls the grazing lease on public property is going to keep me from hunting. This is my land and I won't be denied.

 

 

[nmmuleman]

with regards to "cutting across the corners" on checkboard land in NM, that is considered trespassing and you can and will be cited if the private landowner or outfitter who has it leased makes a fuss.The reason I have been given by game wardens is that all 4 corners come together and while theroretically you step from public to public-you also step over private and that is trepasssing-it has been held up in court in NM. We have tried to get NM G&F to amend law but no sucess-landowners and outfitters have a lot of clout here-look at our tag allocation system I have known several people who tried to navigate checkerboard and were cited by NM game and fish personel- this policy has allowed milions of public arces to remained tied up and landlocked here in NM.

[yotebuster]

thanks muleman, that's exactly what I was referring to, I was pretty sure it wasn't legal, but wanted to check what you guys have heard. So I guess it's not ok to "jump" across the corner That's really a pain in the rear, definitely ties up a LOT of OUR land...

 

One final question, how do you tell if a road you are driving on is a public right of way or a private road (short of obvious posted signs or gates). I've found a lot of roads on google earth that look like main roads and they meander through large chunks of BLM or state land. I realize if the road is legal to drive you can legally access the land adjacent to it, what I don't quite get is how you know if you can actually drive on them or not? Not looking to trespass, but rather keep from doing it inadvertently.

[CEI]

Arizona Statutes:

 

Private Property A.R.S. 17-304: Landowners and lessees of private land who desire to prohibit hunting, fishing or trapping on their lands without their written permission shall post such lands closed to hunting, fishing, or trapping using notices or signboards.

 

State Statutes

 

If it's public land you can hunt it, if you can access it legally. This is a major problem where ranchers have sold their land to developers and now checkerboarded areas are being subdivided. Many of these folks that buy a little 40 acre piece of property believe they own all of the land and roads, which is genrally not the case.

 

Most of the larger ranches in Arizona that wish to keep out trespassers will have it well posted.

[nmmuleman]

in new mexico, I dont worry about roads unless they are posted, seems like they(private landowners) do a pretty good job if they want to post thier land, legally- state law requires they have to have a sign every 250'. Bigger problem-especially in Gila is a few rouge outfitters trying to lock public gates to keep public hunters locked out.I have run into this on 3 occasions-where they have locked gates on forest service roads, a good topo, gps and bolt cutters solved this issue-

[Bucks N Bulls]

Seen where some outfitters and ranchers have locked gates in az to public land as well. Nothing a little super glue in the locks wont take care of. It's more fun when they have to cut their own locks that don't belong.

[nmmuleman]

I like it-hadnt thought of that-your right though-have to annoy the **** out of them tocut thier own illegal lock