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Hunting Off The Road With Posted Land On Both Sides

by , Posted to on 10/27/2011 12:15 PM | "Quote" | "Quick Reply" |

Joined: 10/02/2010
Location: nd

Me and my buddies at work had a discussion on whether you can hunt on the roadside if it is posted on both sides. Some of us thought if both sides are owned by the same person you cannot legally hunt it, others said you can hunt it because you don't control the roadside ditches. By the way this is a county road. Would appreciate your input. Thanks

Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 11:10 AM | Reply #1 | "Quote" | "Quick Reply" |

Joined: 09/14/2010
Location: ND

Don't do it

Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 11:10 AM | Reply #2 | "Quote" | "Quick Reply" |

Joined: 10/16/2009
Location: ND
Ditches are controlled by the adjacent landowner. If both sides are posted,keep driving, or get permission.

Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 11:11 AM | Reply #3 | "Quote" | "Quick Reply" |

Joined: 12/30/2009
Location: ND
Not legal in North Dakota. 
Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 11:11 AM | Reply #4 | "Quote" | "Quick Reply" |

Joined: 10/11/2007
Location: ND
posted

US Navy 1988-1997US Navy 1988-1997

Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 11:11 AM | Reply #5 | "Quote" | "Quick Reply" |

Joined: 11/24/2004
Location: ND

Shoot --- worry about signs later !!!

SD --- your good to go!

Stay thirsty my friends
Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 11:14 AM | Reply #6 | "Quote" | "Quick Reply" |

Joined: 11/17/2010
Location: ND
It doesn't matter if you own both sides or one of them.  If both sides are posted legally the land is posted up to the centerline of the roadway.  It doesn't matter if it's a county road, section line, etc.
Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 11:14 AM | Reply #7 | "Quote" | "Quick Reply" |

Joined: 02/18/2004
Location: ND
Cant hunt it, the road right of way is the land that is posted to the center of the road.
 

If we're not supposed to eat animals, how come they're made out of meat?

Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 11:15 AM | Reply #8 | "Quote" | "Quick Reply" |

Joined: 09/07/2010
Location: ND
I don't know any of this for sure, so don't take this as advice. I'm sure there's someone at the game and fish dept. that could answer this question pretty easily.

I have been told ditches of county roads are open to hunting regardless of posted property on both sides of the road.

Anywhere else (even section lines), if the land is posted on both sides and you're not one of the owners or have permission on at least one side, you cannot hunt the ditches, the road or the line.


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Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 11:34 AM | Reply #9 | "Quote" | "Quick Reply" |

Joined: 01/07/2009
Location: ND
I was actually on the ND Game and Fish website this morning looking something up, and I read what it says pertaining to this.  It is illegal to hunt the road ditch if the land is posted.  Regardless, if the landowner owns both sides of the road.  As long as the land is posted it is illegal to hunt the ditch.

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Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 11:47 AM | Reply #10 | "Quote" | "Quick Reply" |

Joined: 10/16/2009
Location: ND
I'd just call skager and ask him.

Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 12:14 PM | Reply #11 | "Quote" | "Quick Reply" |

Joined: 01/30/2002
Location: ND
I believe if the County Owns the right of way you can hunt it. Some County Roads the Government owns the right of way and some they do not.
Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 12:23 PM | Reply #12 | "Quote" | "Quick Reply" |

Joined: 12/01/2008
Location: ND
BAW Said:
I believe if the County Owns the right of way you can hunt it. Some County Roads the Government owns the right of way and some they do not.
Yes, this is a grey area in our ND laws.  It would not be fun to go to court over this dispute.  Flip a coin for result.

"Diligence is the mother of good luck."
Benjamin Franklin

Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 12:25 PM | Reply #13 | "Quote" | "Quick Reply" |

Joined: 03/07/2007
Location: ND
State and Federal highways and County roads that have purchased right of ways can be hunted.  The problem is trying to find out which ones are purchased.
Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 12:35 PM | Reply #14 | "Quote" | "Quick Reply" |

Joined: 10/27/2010
Location: ND
If both sides are posted, the road is posted, trust me and keep driving.
Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 12:40 PM | Reply #15 | "Quote" | "Quick Reply" |

Joined: 02/09/2003
Location: ND
I am pretty sure there is a loophole involving State highway Right of Ways...

Hunt Hard and NEVER GIVE UP

Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 12:42 PM | Reply #16 | "Quote" | "Quick Reply" |

Joined: 11/30/2005
Location: ND
Don't let that map out, if there is one, some guys never leave the truck the way it is.  If they new they could drive up and down those roads and shoot stuff in the ditch when its posted that wouldnt be pretty.
Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 1:22 PM | Reply #17 | "Quote" | "Quick Reply" |

Joined: 01/09/2002
Location: ND
Captain Ahab Said:
BAW Said:
I believe if the County Owns the right of way you can hunt it. Some County Roads the Government owns the right of way and some they do not.
Yes, this is a grey area in our ND laws.  It would not be fun to go to court over this dispute.  Flip a coin for result.


The bottom line here is one of if the roadway has been built using an easement, or if the roadway has been built using eminent domain to take the land off the tax rolls of the adjacent landowner.  I don't think too many county roads are on county owned land, but some of, the federal and state highways in the state are lands that are owned by the state or federal government.

I specifically asked the NDGF about this a few years ago and that was the interpretation I received.  The big problem with all of this is that those highways and land ownership are not well marked, and the wording in the posting portion of the proclamations suggest that the adjacent landowner can post federal property.  That is not the case and while you may get a ticket, you will win in court if you were on public property.  Eventually...
“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” ~ Mark Twain
Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 1:30 PM | Reply #18 | "Quote" | "Quick Reply" |

Joined: 09/28/2005
Location: ND
Is that tree stand still between the lanes just east of Medora? Even though it's apparently legal, I figure that guy was just asking to be harassed.
Education will tell you a tomato is a fruit, while wisdom will tell you not to put it in a fruit salad.
Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 1:42 PM | Reply #19 | "Quote" | "Quick Reply" |

Joined: 02/09/2003
Location: ND
I seen one right along 94 west of medora this summer!!

Hunt Hard and NEVER GIVE UP

Re: Hunting Off The Road With Posted Land On Both Sides
by on 10/27/2011 1:57 PM | Reply #20 | "Quote" | "Quick Reply" |

Joined: 11/30/2007
Location: ND
fullrut Said:
Is that tree stand still between the lanes just east of Medora? Even though it's apparently legal, I figure that guy was just asking to be harassed.


I saw it last week, tell me someone actually sits there! ! lol

Without Hunters, Wildlife Becomes Your Next Hood Ornament! 

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Posted On: 10/27/2011 12:15 PM
3796 Views, 73 Comments

Tags: sides, posted, road, hunting, land, hunt, roadside, discussion, buddies, cannot
More Tags: Human Interest
Region: North Dakota

Categories: Hunting > Duck Hunting
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