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Section Line Rule

by , Posted to on 12/17/2004 00:00 AM | "Quote" | "Quick Reply" |

Joined: 12/14/2004
Location: ND
I just don't get the arguement from WT and HH. If the land is posted on both sides of the section line then the deer are safe. If your worried about the deer spooking off your private ground then too bad. The deer don't belong to you and the section lines are for public use as well. If you want less road hunters then take down some posted signs. Lobby your neighbors to take down posted signs and give people a place to get out of their truck and hunt. You are as much the problem as the roadhunters. This will not cure 100% of the roadhunting but you cannot cure 100% of any ailment. The few times I've been off the established trail during deer season, other than to retrieve an animal, were all because I was with a landowner that said "we are checking fence if anyone asks". You can try to clean up things but unless you are looking out for the benefit of the most people don't look for sympathy here. Give people a place to go and they won't have to drive around hoping to scare a deer onto unposted land so they can have a shot.
Re: Section Line Rule
by on 01/01/2005 00:00 AM | Reply #1 | "Quote" | "Quick Reply" |

Joined: 11/10/2004
Location: SD
Swift

I would agree with you about opening access, but that will never even come close to truly reducing roadhunters. They are inherently lazy, and will not stop until they have no choice to either get out of their trucks or quit hunting (either way I don't care as long as their practice is stopped). I think a combination of limitation of section line use, and harsh enforcement of the law of loaded guns in a vehicle will help that situation more than anything. Road hunters deter the harvest of excess does far more than they help, and any reasonable means should be used to decrease that practice should be used. The only concern I have is to not limit the access to the disabled hunters. I have had far too many hunts/stalks ruined by roadhunters to have any mercy on them (except for the disabled), so aggressive enforcement of the laws and regulation on section line use is the best route in my book. The only people that should be offended by this idea are the people that are the source of the problem.
Re: Section Line Rule
by on 10/17/2005 10:20 PM | Reply #2 | "Quote" | "Quick Reply" |

Joined: 07/12/2003
Location: ND
Thats what i thought!
Re: Section Line Rule
by on 10/17/2005 11:28 PM | Reply #3 | "Quote" | "Quick Reply" |

Joined: 12/17/2001
Location: ND
Swift back in January wrote :

"If your worried about the deer spooking off your private ground then too bad. The deer don't belong to you and the section lines are for public use as well."

Yes thats one reason. I do worry about the deer getting spooked off the land, "too bad" you say?? ..tough cookies huh?? I shall disagree strongly. If you spent all summer watching them, farming around them, and spending $$$ seeding foodplots for deer instead of crops for yourself and darn near having names for all the "local" bucks, that ate your field peas off your land to grow and be healthy fine specimens....hmmm, and am I worried about them getting spooked off by some Jacka$$ who thinks he has the "right" to roadhunt a section line posted on both sides of my "refuge" ....Why yessss. I am a bit worried. And a bit pissed.

This may be "publiK" travel and the "publiK" may own the deer (whatever) but the publiKK trail goes through private prop and essentialy I, the food plot deer lov'n landowner (who is also a member of the "pubbliKK") "raised" that deer.....And he is not the "pubbliKKs" deer until he is standing across the fence on someone elsed land . So He IS my deer eating MY fieldpeas until he chooses to meander over to the pubblIKKville across the fence. The less deer that get chased of of "the corn hole refuge" by section line hunters and onto death row at "pubblikkville" the better!
Re: Section Line Rule
by on 10/17/2005 11:54 PM | Reply #4 | "Quote" | "Quick Reply" |

Joined: 10/22/2004
Location: ND
Headhunter,

I'am with ya, road hunting should be illegal, most of the people bitc*hing about farmers closing off section lines, are non land owners and think every thing is open for them to hunt. There the same people complianing about when they get to a plot there is a bunch of out of staters walking it in front of them. Most of these so called "public" section lines are just farm trials on private land used for seeding and the harvest and no one besides the landowner has any bussiness driving them
Re: Section Line Rule
by on 10/18/2005 00:36 AM | Reply #5 | "Quote" | "Quick Reply" |

Joined: 01/03/2002
Location: ND
Its a good law!! Section line is open for anyone as PUBLIC Meaning anyone!! HH and swampchicken, Supposely you got hurt in the middle of the field and you guys close the section line off with Rock piles, how would amblance get there??

Okay if you guys come to bismarck, Be sure not to drive on Rosser Avenue and Washington St. Just stay out. Ill be watching and bitchin about it!! Good Grief GET A LIFE!!! Hope your granny smack you across the room!!!

Triggerman

Re: Section Line Rule
by on 10/18/2005 07:20 AM | Reply #6 | "Quote" | "Quick Reply" |

Joined: 07/12/2003
Location: ND
The only problem i've had is when i'am walking plots or whatever and the NR hunters start walking towards me.Like they are doing some marching drill.If i see hunters in a area i will move on!
Re: Section Line Rule
by on 10/18/2005 07:32 AM | Reply #7 | "Quote" | "Quick Reply" |

Joined: 02/10/2002
Location: ND
Headhunter,

I assume that you hunt out west. Out where I hunt north of Fargo there is a road every mile. So how would you differentiate which section lines to close down? The bottom line is I have to get out and walk through the river bottoms or cattail sloughs to find the deer and pray that the corn is combined. Road hunting is hear to stay-unfortunately and I would be willing to bet that everyone here is shot something from the road be it a deer, skunk, gopher, coyote, fox, duck or pheasant.
Re: Section Line Rule
by on 10/18/2005 08:30 AM | Reply #8 | "Quote" | "Quick Reply" |

Joined: 10/22/2004
Location: ND
Wow I have heard a lot of bithin and moaning. The thing I hate is the people that say stay of my street when you come to town then. Section line are not maintained by the county and they do not fund any upkeep for them. The only roads that are maintained with tax money are the county gravel roads. So if you say stay of your street fine stay off the county roads we pay for. We can get to town on state and county roads and do all the business we need. Your tax money pays for the upkeep on your side streets. They businesses pay for the upkeep on their streets. As far as people complaining about how to keep them off the section lines you can't but you can detour them. Here is what we do in our area. We put a gate across them and make them so tight you can't open them unless you have a fense stretcher. Easy solution!
Re: Section Line Rule
by on 10/18/2005 08:45 AM | Reply #9 | "Quote" | "Quick Reply" |

Joined: 09/24/2005
Location: ND
When it comes to section lines they are considered public right of way. The question then becomes if they are public who pays for their up keep. I drove down a section line on Sunday and it would seem that some Pheasant hunting idiot had the same idea opening weekend as the road had ruts in it that were about 12" deep! Now as I know the land owner and I know that he uses this section line to access his fields, he now has to pay out of his pocket to repair the road or risk tearing up his equipment. In the end, I would not be surprised at all if he closes the road, public or not!

The moral to this story...BE SMART ABOUT WHERE YOU DRIVE!!! Just because the law might say you have access does not mean you have the right to be stupid and tear up the country while you
Re: Section Line Rule
by on 10/18/2005 09:45 AM | Reply #10 | "Quote" | "Quick Reply" |

Joined: 11/30/2004
Location: ND
Too bad that i have known people who will drive right through the fence if you block off the section line road. Like it or not just because you have land around the road it does not give you the right to block it off. It is not yours.
Re: Section Line Rule
by on 10/18/2005 09:46 AM | Reply #11 | "Quote" | "Quick Reply" |

Joined: 05/04/2003
Location: ND
they are easements not right of ways, right of ways are owned by government and other government regulated business and are maintained by the owners.
"In a world gone mad only a lunatic is truly insane" Homer Simpsom
Re: Section Line Rule
by on 10/18/2005 11:33 AM | Reply #12 | "Quote" | "Quick Reply" |

Joined: 06/11/2002
Location: ND
you are part right. Section lines are a 66' wide easement that is still owned by the adjacent landowner, but the easement is for public transportation. If the land on one side of a section line "easement" is posted, the 33' of section line R/W on that side of the section line is considered posted by NDG&F. Section lines also fall into two categories: opened or closed. By state law the County Commission has the authority to "open" or "close" a section line to public access after they hold a public hearing on the issue. So if you see a locked gate strung across a section line, it may have been legally "closed" or it may be an illegal closure. In the western part of the state (ie: badlands) many section lines have never been "opened" by the county and the road is non-existant...in those cases you will only know if it is legally open or closed by checking with the County road department or register of deeds. Deeded roadway right of way, unlike section line easements, is land owned by the public and in some cases may be legal to hunt (for the record I do not road hunt...wildlife along roads is for viewing, not "shooting", that is not "hunting" in my book but to each his own). Many roads are built off the section line to meander around a hill, draw, etc. Some of those are on easements, some are on deeded right of way, so you never know whether it is legal to hunt the right of way (if that is your intention) without checking with the county. Also, most section line roads are maintainance responsibility of the Township, with only the major rural roadways being official County roads (what many consider to be "farm to market roads"). For the record, most state highways are deeded right of way but there are exceptions such as drainage and slope easements that go beyond the standard right of way width...those easements may or may not be posted.
Re: Section Line Rule
by on 10/18/2005 11:46 AM | Reply #13 | "Quote" | "Quick Reply" |

Joined: 09/04/2002
Location: ND
Great post, PatsPlace. Glad to hear someone does some research before flying off the handle. I don't know much about it, but, would like to learn more. Obviously, education is the key here, for both landowners and hunters. When you read some of the posts/comments, it makes me wonder how many people it angers and just makes things worse for the landowner/sportsman relationship. Worst of all, a lot of the comments are just opinions, no one does the research to see if it is legal or not, they just jump to conclusions and start complaining.
Re: Section Line Rule
by on 10/18/2005 11:52 AM | Reply #14 | "Quote" | "Quick Reply" |

Joined: 04/05/2005
Location: ND
I'm sure Yotecallr will jump all over me after this post, so I'll be careful how I word it:

Since you guys are talking about hunting section lines and such, I have a quick question that is a little off topic but kind of related. What is the rule for ditches along highways, interstates, etc. Are they treated just like ditches along gravel roads and section lines? I would never get out on the interstate and walk a ditch, but I was wondering if that is even legal or not. Same thing with highway ditches. I know obviously it isn't allowed if the field adjacent to the ditch is posted but what if it isn't?
Thanks if anyone has the answer.
Re: Section Line Rule
by on 10/18/2005 11:55 AM | Reply #15 | "Quote" | "Quick Reply" |

Joined: 04/09/2005
Location: ND
Section Lines can be gated if both landowners agree and if the county commissioners approve it. section lines are part of the federal law i believe and therefore other states have them but may have different laws regarding right of way although I thought that was a federal law as well. Montana has section lines as do all states because it is a federal law. For those of you who think they should be closed off, remember that would give farmers the right to close off entire townships from being accessible. As a landowner I don't like it when people go through them and mess them up but I don't care that they can travel in them.
Re: Section Line Rule
by on 10/18/2005 12:26 PM | Reply #16 | "Quote" | "Quick Reply" |

Joined: 05/04/2003
Location: ND
patsplace.. maintained by owners means the current owners of the right of way.
"In a world gone mad only a lunatic is truly insane" Homer Simpsom
Re: Section Line Rule
by on 10/18/2005 1:07 PM | Reply #17 | "Quote" | "Quick Reply" |

Joined: 06/11/2002
Location: ND
Right of way can be by easement or deed, but I hear you man...if R/W is by easement the landowner still typically controls and maintains the land. Interstate R/W is closed to hunting, but it is my understanding that other state/federal highway deeded R/W is open subject to city limit rules, etc. I used to work at the DOT and used to be a surveyor. The section line law is a state law adopted by many western states, but not all. I believe Nebraska or Oklahoma does not have section line R/W for public access even though they split up land by sections. There are no sections or townships in the eastern states...they were cut up for ownership before the concept of section, twp, rng was developed. I am not advocating road hunting or not, just trying to clear up some misunderstandings.
Re: Section Line Rule
by on 03/28/2008 12:14 PM | Reply #18 | "Quote" | "Quick Reply" |

Joined: 11/07/2005
Location: ND
bump
Re: Section Line Rule
by on 03/28/2008 12:34 PM | Reply #19 | "Quote" | "Quick Reply" |

Joined: 11/19/2002
Location: ND
For a minute, I thought Dirty had returned from banishment he double hockey sticks, then I realized the thread was 2.5 years old!!!
Re: Section Line Rule
by on 03/28/2008 12:39 PM | Reply #20 | "Quote" | "Quick Reply" |

Joined: 11/03/2005
Location: NE
No section law in Ne, and a no trespass state as well.
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Posted On: 12/17/2004 00:00 AM
5089 Views, 37 Comments

Tags: section, line, deer, rule, posted, don, land, arguement, sides, spooking
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Region: North Dakota

Categories: Hunting
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