Ditches are controlled by the adjacent landowner. If both sides are posted,keep driving, or get permission.

Not legal in North Dakota. 

posted

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.

Cant hunt it, the road right of way is the land that is posted to the center of the road.

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.

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.

I'd just call skager and ask him.

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.

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.

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.

If both sides are posted, the road is posted, trust me and keep driving.

I am pretty sure there is a loophole involving State highway Right of Ways...

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.

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...

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 seen one right along 94 west of medora this summer!!

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