Strictly Trapping


No Profanity *** No Flaming *** No Advertising *** No Anti Trappers *** No Politics
No Non-Target Catches *** No Links to Anti-trapping Sites *** No Avoiding Profanity Filter


Home~Trap Talk~ADC Forum~Trap Shed~Wilderness Trapping~International Trappers~Fur Handling

Auction Forum~Trapper Tips~Links~Gallery~Basic Sets~Convention Calendar~Chat~ Trap Collecting Forum

Trapper's Humor~Strictly Trapping~Fur Buyers Directory~Mugshots~Fur Sale Directory~Wildcrafting

Trapper's Tales~Words From The Past~Legends~Archives~Kids Forum~Lure Formulators Forum


~~~ Dobbins' Products Catalog ~~~


Trading Post
(Please support F&T Trading Post, our sponsor for the Trapping Only Forum)



TrappersPost
Please support Trappers post, a sponsor of the Strictly Trapping Forum



Page 2 of 2 < 1 2
Topic Options
Hop to:
#5954222 - 07/19/17 01:45 AM Re: Road trapping? [Re: Calvin]
Deadwolf Offline
trapper

Registered: 12/13/09
Posts: 591
Loc: Mn
Originally Posted By: Calvin
Anything within the telephone poles is in.


Why create a possible problem with a land owner, when you can avoid it. You may just turn another person against the trapper. It's not to much trouble to to find out what the ROW is. I'm speaking of trespass.


Edited by Deadwolf (07/19/17 01:52 AM)

Top
#5954575 - 07/19/17 12:22 PM Re: Road trapping? [Re: Assasin]
Calvin Offline
trapper

Registered: 09/12/07
Posts: 3895
Loc: South metro, MN
I have never had a problem with this one Deadwolf...or a bad problem. Most Wardens will tell you (or have me) that inside the telephone poles are in. That said, I never argue much with a landwoner who "thinks" he has total rights to this. If they don't want me to trap their stinky coon or beaver, I don't. That said, most of the times I have been stopped by landowners in this situation (and they learn I am just trapping stinky coon or beaver) they are happy I'm there. I have made more friends than enemies in this situation. It's all how you handle the situation.

And all these landowners know the deal...I am one of them. Some just don't like the law and will complain...but the law is written as is. Lakeshore owners are by far the WORST! And they are wrong everytime.

Many of us may road trap all day long. Finding an adjacent landowner to every stop just isn't possible..and why the state has allowed ROW trapping here.

Crap, there are pieces of property in my own back yard that I've tried hard to find the owners to for years (to put my honey bees on) and can't.
_________________________
The insane are running the asylum.

Top
#5954928 - 07/19/17 08:37 PM Re: Road trapping? [Re: Assasin]
Assasin Offline
trapper

Registered: 02/28/12
Posts: 26
Loc: Saint Martin Stearns Co. Minn...
Thanks for all the info on this I think I'm getting a handle of this so stop me if I'm wrong but for example if the telephone pole is in the dead water beside the river I can lawfully walk in the and set a trap?
_________________________
Knuckle up NO FEAR!!

Good Lord Willing And The Creek Don't Rise

0/0 coon
0/0 coyote
0/0 mink
0/0 muskrat
0/0 badger
0/0 beaver

Top
#5955030 - 07/19/17 11:24 PM Re: Road trapping? [Re: Assasin]
Calvin Offline
trapper

Registered: 09/12/07
Posts: 3895
Loc: South metro, MN
In this state, if you can access the water legally (through ROW) you can set a trap on the entire water surface. This is how we have fishing access to entire lakes after the DNR buys a 1 acre plot and plunks a boat ramp there. The DNR access is your access to the entire lake. Same applies to trapping as long as you're in the water.

Now, just because something is legal doesn't mean we should always set at trap there. We have to use some sense when it comes to trapping...and sometimes that means letting a good area (that is legal) go.
_________________________
The insane are running the asylum.

Top
#5955183 - 07/20/17 09:26 AM Re: Road trapping? [Re: Assasin]
Ringbill5196 Offline
trapper

Registered: 04/04/12
Posts: 265
Loc: Iron Range, Minnesota
With due respect Calvin, you are not taking enough into consideration. Utility easement and ROW are separate classifications in Minnesota. In almost every case the poles themselves will be outside the right of way, alibi by an inch or two. In the county & township roads that often curve there is frequently a space between them as well, which the utility company cannot cross if it is posted land- they have to access on the easement and drive down the easement in that case.

Now telecommunications on the other hand are usually (not always) buried in the ROW.

I can't tell you how many times northern MN law enforcement deals with berry pickers on this issue; I am positive this is correct. Berry picking old women can be very stubborn in blueberry season, and I have had to physically arrest them and walk them to the car to get them to quit. They usually announce they'll be back again too.

Your county highway department can give specific footage which is measured from the center-line. It varies from road to road by the type of roadway and, in some cases, when it became a travel way. Old cart paths may have only a few feet.

I still say your best bet is contact the CO for that area and ask his expectations. If there is a particularly hard property owner to deal with, they will help steer you clear too.

Top
#5955184 - 07/20/17 09:31 AM Re: Road trapping? [Re: Assasin]
ky_coyote_hunter Offline
trapper

Registered: 02/02/16
Posts: 262
Loc: Kentucky
The real test of whether it's a true ROW or some type of easement is who holds the deed to the property in question. In KY, the state owns, and has the deed to the state hwy ROW's. The land that the county roads are built over, are actually privately owned. Yes, utilities and the road itself have a right to be there, but that's it. So your probably better off to ask the landowner. It will prevent a confrontation, and keep your traps from being stolen or destroyed. YMMV in your own state.

Top
#5955209 - 07/20/17 10:17 AM Re: Road trapping? [Re: Assasin]
Wife Offline
trapper

Registered: 08/28/15
Posts: 59
Loc: NE NE
Each state has different interpretations. The assistant Attorney General of the State of Nebraska made an interpretation (years ago - early 90's- at the request of a state Senator- Jerome Warner from Waverly) that where the Fee Title of the land is held by a person (landowner) or entity (county, state, township etc.) then that land is subject to the rights and conditions of the laws governing that land. Where the ownership is registered at the courthouse as the legal description (usually/approximately) to the centerline of a county road,,, a transportation easement is in force for public rt.-of-way use. In other words here in Nebraska you own to the center of the road (are exempt from taxes) but transportation responsibilities lie with the assigned government (or private) entity. Other land uses belong to the title holder/owner. You cannot trap on or w/i the road rt.-of-way without the permission of the title holder/landowner-- period!!!!! Otherwise you are trespassing. That goes for state and interstate highways (and for any Nebraska Trappers--- forget getting permission on the state rt.-of-ways as they will not grant it). They have written contracts with USDA in place to activate and handle any depredation claims on the highways and that is all they are concerned with. CALVIN-- as far as water goes here. The State owns the surface water (by Statute) but the land under it falls under the ownership of whoever owns the Title and all conditions of that Title are valid. So road, lake or river trapping here needs owner's permission---period (Again). None of this has been tested for case law to my knowledge except for the river case along the Missouri back in the 80's where a landownwer asked some boaters to leave a sandbar and they refused. He had the sheriff issue them a ticket and it went through the courts. Because his land's legal description extended to the Iowa/Nebraska state line, according to the court he (landowner) owned that sandbar and the land under the water to the state line and he won. If you can road, or stream/river or lake trap w/o getting the owner's permission--consider yourself fortunate. mike

Top
#5955245 - 07/20/17 11:03 AM Re: Road trapping? [Re: Assasin]
Tweed Offline
trapper

Registered: 12/31/16
Posts: 1709
Loc: Milwaukee, Wisconsin
I did some searching on ours here in Wisconsin. For waterways they mention hunting, fishing and ice skating but no mention of trapping specifically. Maybe they're lumping trapping in with hunting.

Top
#5955259 - 07/20/17 11:21 AM Re: Road trapping? [Re: Assasin]
Calvin Offline
trapper

Registered: 09/12/07
Posts: 3895
Loc: South metro, MN
Wife...WE are talking about MN here (original posters location). HERE we can stake, trap the soil below the water surface. Even dig a pocket into the adjacent bank most times. Yes, we all know this isn't the situation in some other states. Here it is.

WE can all nitpick this states ROW trapping laws to death. I've never had an issue in this state or others by setting withing the commonly visual lines of the telephone poles or fences (and these visual landmarks have been accepted by the wardens I've spoken to about it. OF course if there is an issue beside this, we should all be reasonably flexible.

Ring....GAWD, I'm not physically arresting an old woman berry picker. Give me my day or two off for insubordination. I aint doing it.

Again, and as stated, I'm always a fan of contacting your local CO for local clarification/info. Give him/her your cell number too. This can save you both time and headache down the road.


Edited by Calvin (07/20/17 11:35 AM)
_________________________
The insane are running the asylum.

Top
#5955308 - 07/20/17 12:49 PM Re: Road trapping? [Re: Calvin]
Deadwolf Offline
trapper

Registered: 12/13/09
Posts: 591
Loc: Mn
Originally Posted By: Calvin
I have never had a problem with this one Deadwolf...or a bad problem. Most Wardens will tell you (or have me) that inside the telephone poles are in. That said, I never argue much with a landwoner who "thinks" he has total rights to this. If they don't want me to trap their stinky coon or beaver, I don't. That said, most of the times I have been stopped by landowners in this situation (and they learn I am just trapping stinky coon or beaver) they are happy I'm there. I have made more friends than enemies in this situation. It's all how you handle the situation.

And all these landowners know the deal...I am one of them. Some just don't like the law and will complain...but the law is written as is. Lakeshore owners are by far the WORST! And they are wrong everytime.

Many of us may road trap all day long. Finding an adjacent landowner to every stop just isn't possible..and why the state has allowed ROW trapping here.

Crap, there are pieces of property in my own back yard that I've tried hard to find the owners to for years (to put my honey bees on) and can't.



I'm happy to hear you have good relations with these people. I was just stating that power poles are a poor indicator of ROW. I have property up north with power poles 50ft from center line of the road. It's cleared 60 ft. Row on that road is only 33ft. As you stated before, old fences and such are better indicators of ROW.

Top
#5955359 - 07/20/17 02:11 PM Re: Road trapping? [Re: Assasin]
Calvin Offline
trapper

Registered: 09/12/07
Posts: 3895
Loc: South metro, MN
Perhaps true deadwolf... and don't want to bead a dead horse here or split hairs. I just use the poles as a guidline... but I've been told by more than one warden that telephone poles are always on county/city or state land. True or not, I don't know. I've just used their word for it.

The county is widening the road down the road from me. They are putting up new telephone poles in the process. They just force purchased land from the farmer for the placement of the poles.

Again, just because you can, doesn't mean you "should". WE have some great access laws here in MN...would be nice to keep what we have.
_________________________
The insane are running the asylum.

Top
#5955385 - 07/20/17 03:14 PM Re: Road trapping? [Re: Assasin]
Wife Offline
trapper

Registered: 08/28/15
Posts: 59
Loc: NE NE
Calvin,,, I wanted to merely show the different regulations some states (and Fur Harvesters) operate under when it comes to what many people think, public land is. Lots of Big Promotion trappers have to operate in those access areas to make their catch. I knew a lot of MN part time and hobby trappers that were more knowledgeable and better trappers than most of those "experts". Fortunate to have known some of them (the part timers). I can relate my experience of seeing signs in county roads (west of F.F. MN) from 1980-84 that said, "NO TRAPPING, HUNTING, OR FISHING IN THIS ROAD ROW UNDER PENALTY OF LAW" Whatever that was. Where I was trapping a ROW back then it was a lot better place to donate a trap than catch fur as there was 20,000-30,000 licensed trappers/year operating in MN during that time frame. Lots of Johnny's that operated in those areas. MTA gave me a lifetime membership (#11) in '83 (must have felt sorry for a misplaced Cornhusker) that I value greatly so am still concerned what happens there. mike

Top
#5955424 - 07/20/17 04:26 PM Re: Road trapping? [Re: Assasin]
Calvin Offline
trapper

Registered: 09/12/07
Posts: 3895
Loc: South metro, MN
Got it Wife. I must have misunderstood you. My mistake.

I also trapped in the early 80s boom. Mixed feelings about another true fur boom because of those days. Most of the guys we see trapping in todays fur market are great people. Wasn't always the case back then...as we both know.


Edited by Calvin (07/20/17 04:38 PM)
_________________________
The insane are running the asylum.

Top
#5955923 - 07/21/17 07:36 AM Re: Road trapping? [Re: Assasin]
Ringbill5196 Offline
trapper

Registered: 04/04/12
Posts: 265
Loc: Iron Range, Minnesota
Calvin ---"Again, just because you can, doesn't mean you "should". WE have some great access laws here in MN...would be nice to keep what we have."

You got that right. I like the highwater point for trapping sake too. Nice to be able to make pockets and castor mounds on the bank.

It occurs to me that part of the issue for those of us "up north" are we lack the square layouts of sections that you have in the Ag-belt south and west of here. If it isn't water in the way, there is a 600 ft deep mine pit, so the roads are rarely straight up here. The power lines are as straight as possible however.

I may be wrong, but when I have hunted in North Dakota they told me the section roads (aka field roads on the mile mark) are public. If this is accurate it would be a wonderful thing for road trapping canines and coons.

Top
#5955927 - 07/21/17 07:40 AM Re: Road trapping? [Re: Assasin]
Ringbill5196 Offline
trapper

Registered: 04/04/12
Posts: 265
Loc: Iron Range, Minnesota
Back to the original post...my number one advise is be more organized than me. One of JC Connor's videos he shows how he organizes and there is never anything loose in the back of his truck but dead fur.

Water trapping is more of a challenge for that to me. When I am in the water I am after every critter that is in season. Consequently there is 4 sizes of body grips, 2-3 sized of footholds, ect... I don't specialize like a lot of the mink guys except spring beaver. I have often wondered if those fellas with MINK OBSESSIONS are nuts, but there trucks are better organized so it isn't that doing it.

Top
#5955932 - 07/21/17 07:53 AM Re: Road trapping? [Re: keets]
tjm Offline
trapper

Registered: 11/11/11
Posts: 6639
Loc: SWMo.
Originally Posted By: keets
anyone remember trapper shreik? lol. threw every road trapper in Wis under the bus couple years ago
What ever happened to trapper shrek? he used to post alot

Top
#5955969 - 07/21/17 08:42 AM Re: Road trapping? [Re: Ringbill5196]
Assasin Offline
trapper

Registered: 02/28/12
Posts: 26
Loc: Saint Martin Stearns Co. Minn...
Ringbill5196 Being a farmer I have access to a lot of cattle mineral tubs for organizing.. I also have a truck box that I'm going to make dividers for bait lure ect....

My father is on the town ship board and I asked him about ROW the way it states is town ship roads are 66 feet (33 center of the road left and right) and the county roads are 100 feet each side... don't hold me to that but that's what the town ship board states.. still going to talk to the CO at the MTA in august but thanks for all the info on this
_________________________
Knuckle up NO FEAR!!

Good Lord Willing And The Creek Don't Rise

0/0 coon
0/0 coyote
0/0 mink
0/0 muskrat
0/0 badger
0/0 beaver

Top
#5959289 - 07/25/17 11:33 AM Re: Road trapping? [Re: Calvin]
nightlife Offline
trapper

Registered: 05/05/08
Posts: 2006
Loc: Mn
Originally Posted By: Calvin
Yes 08088....every state has different ROW trapping regs.
Landowners here are also taxed to the middle of the road most places...yet the Govt claims it and we can trap it. Nobody said the govt was fair...far from it.

I own a piece of property and am taxed to the middle of the river channel on one side. Yet all water is public. So once again, I/m taxed on what I can't really own. Just they way things are here in MN. Every landower here knows it but some will try and test trappers on it. And why it's a good idea to touch base with the local C/O in the area you are trapping.


Not all water is public man made ditches and impoundments are not and I know a few trappers that have been ticketed because they set traps in a waterway that was really a ditch

I know one spot that gotten several trappers the landowner there knows the law and is only to happy to call the police to report a trespasser and doesn't bother warning any trapper to move their traps and he always presses charges
_________________________




“Everything in excess! To enjoy the flavor of life, take big bites. Moderation is for monks.”
&#8213; Robert A. Heinlein

Top
#5959595 - 07/25/17 06:09 PM Re: Road trapping? [Re: nightlife]
ShaneT Offline
trapper

Registered: 10/13/12
Posts: 3922
Loc: Louisiana
Originally Posted By: nightlife
Originally Posted By: Calvin
Yes 08088....every state has different ROW trapping regs.
Landowners here are also taxed to the middle of the road most places...yet the Govt claims it and we can trap it. Nobody said the govt was fair...far from it.

I own a piece of property and am taxed to the middle of the river channel on one side. Yet all water is public. So once again, I/m taxed on what I can't really own. Just they way things are here in MN. Every landower here knows it but some will try and test trappers on it. And why it's a good idea to touch base with the local C/O in the area you are trapping.


Not all water is public man made ditches and impoundments are not and I know a few trappers that have been ticketed because they set traps in a waterway that was really a ditch

I know one spot that gotten several trappers the landowner there knows the law and is only to happy to call the police to report a trespasser and doesn't bother warning any trapper to move their traps and he always presses charges


The water law here is a bit quirky like that but yours is still better. Our test for navigable water is if the waterway was navigable in 1812 when we attained Statehood. There is a map on our State Land Office website that shows most of our State water bottoms. A lot of what many folks think is navigable does not qualify but most landowners thankfully do not push the issue. That seems to be changing as time goes by as well. More and more problems arise every year it seems.
_________________________
"Good Lord, thank you for your endless bounty. Lord please give me the strength to gather what I need"

"Seriously, Nike had it right, Just Do It."

Top
Page 2 of 2 < 1 2

Moderator:  Drifter, tmrschessie