I agree with both of these posts, and I would add that when I find
a "private" gate across what I know to be a public road, I turn them
in - ranchers do pull that one fairly often. And there have been
more than a few court battles locally between ranchers trying to
close public access/easements on county roads. In all recent cases
I'm aware of, they have lost. On the other hand, Colorado law does
NOT require a landowner to put up signs, gates or fences indicating
private land, but if you're caught on their land, they can still
prosecute for trespassing - ignorance is not a defense in this case!
As for FS or BLM putting up gates during certain parts of the year -
there's an area I go turkey hunting where the FWD road in has
several severe mudholes. There are no less than four well-worn
bypasses around these holes where people who just "had" to get past
them decided to make a new route. Of course, the next spring, those
bypasses look just like the original mudhole, so they have to make
yet a new one. Not to mention a couple of good-size meadows these
same "recreationists" have completely stripped of all plant life.
That's just one example of many I've seen where I wish they were
MORE restrictive, not less.
Dan
> wrote:
> > > -----Original Message-----
> > > Most states out west have a simple rule. No trespassing signs
> mean
> > > don't venture off the road. An unlocked gate can be passed
> through, if
> > > it is open leave it open, if it is closed, close it behind you.
> Once
> > > past the gate, stick to the road. Locked gates mean stay out.
> That
> > > simple.
> > SNIP
> > > Pat
> > > G'ville, NV
> >
> >
> > There is the answer in a nutshell. Pat-wan Kenobi strikes again.
> >
> > The only exceptions I can see are:
> > 1) if it's an emergency. i.e.y ou're low on gas, out in the
> desert, and you
> > come across a gate or fence that has arbitrarily been installed
> between you
> > and the street/ nearest gas/water, cut the fence, jump the gate,
> whatever.
> > Just fix it after you pass.
> > 2) If it's an illegal fence/gate. Believe it or not, not all
> people are
> > honest, adn some will actually gate a public road. In that case,
I
> reckon
> > it's them that's in the wrong, not the person that's trying to
> access public
> > property. If you do decide this is the case and jump the fence,
> you had
> > better be damn good and sure that you are in the right.
> >
> > I have found that if you make a wrong call and end up on private
> land by
> > accident, people generally are really confrontational initially,
> but
> > removing your helmet, smiling, and offering a polite apology for
> your
> > trespass generally calms them down. You might even end up with
some
> > directions and a pleasant conversation, and maybe even some hot
> sex with a
> > 28 year old widowed nymphomaniac millionairess that owns a liquor
> store.
> > I know in some cases, you may end up in a fight and/or shouting
> match, but
> > hey, if you shoot for the best every time, you may get lucky...
(I
> hope).
> >
> > The older I get, the more important I feel it is to get involved
> in working
> > to keep gates unlocked and roads and trails open. Trespassing
> doesn't
> > accomplish either of these goals, and in all reality trespassing
> is almost
> > guaranteed to end up creating bigger and better gates.
> >
> >
> > Thanks
> > CA Stu
>
>