We have an 100 acre farm. Along the county road (paved) we live on there is an asparagus patch on our property side of the ditch at the road. There is another a bit deeper into the property at the other end of the frontage where there is tractor access to the field.

I know road and utility easements rules/laws as I have developed a bit of real estate.

My question is as a ditch asparagus hunter what do you believe your right to access someone's property to harvest is? Not that it matters but I did not plant the patches. They were there years ago when we purchased the land.

You said it was your property. What's the issue?

Looking for the opinion of others that would go onto someones land to harvest. Not if someone thinks I should be able to go on my own. lol someone for poor post explanation.

Just don't go onto someone else's property without permission. Period.

Keep that patch picked....

Exactly!!

In our state it is trespassing and theft to pick/forage on private property without the owner's permission. Period. A lot of folks seem to think it is fair game if it grows within the road ROW. It is not. It is like hunting a road ROW, except unlike game, wild/domestic crops, seeds, nuts, fruit, vegie, and mushrooms are owned by the landowner. Road Right-of-Ways are for public travel only.

Here, any asparagus in the ROW is fair game, and it's first come, first served. Behind the ROW boundary is private, and you had better respect private property or suffer the consequences. I know landowners that won't tolerate trespassing, and they don't hesitate to contact the sheriff.

In Ohio it would be illegal to harvest asparagus on the right of way. That doesn't stop people. People are terrible about stealing fruit, even further into a property.

Keith

Got some. We don't eat a ton nor do I run people off the property near the road. I let them make use of the vegetable. People just stun me sometimes.

This

Yep

If the asparagus is in the ditch or road allowance then it’s fair game for everyone.

The asparagus on private property is the owners, and anyone wanting it would need permission.

The folks representing MI & WI on this thread are RIGHT ON THE MONEY!!! If it isn’t your property and don’t want to ask permission, keep your friging hands off!

Maybe that’s the Law in your Country but not in Michigan by golly and the thread starter is from Michigan!!! Property owners in Michigan own and pay taxes to the center of the road.

Correct answer for our state!

My issue is not the picking. My wives is the fact they our road has limited sight distance and no shoulder. The few pickers with a head on their shoulders for safety park on our property. If i had a dog that would (This word is unacceptable on Trapperman) me off! The others park half in the road and I and some neighbors have teenage drivers trying to deal with that crap! My new big issue is that the last couple years I have noticed a trend. Right now the crop is about done and heading into seeding. The most recent pickers are cutting off the tassles before they can seed to hide their hidden patches. I know this because they are throwing the tops cut not far away from the base plant. Kinda like dropping dynamite into someones pond for one nights meal of fish. People suck!

In my part of the State all patches are located & noted in the fall. I mean, you can see the darn bushes at the back of a 80 acre field let alone on a roadside ditch bank! Trapping season is a great time to have a eyeball for the green! LOL

These roady-ditch pickers are to me like those types of trappers who see a trap in the water and nobody around!!!!

I am just south of you in Brown City (just north of I69). It used to be the same but last year did not notice many seeded bushes. I now know why!

That’s ridiculous. How can you own the road? Do you clear snow and maintain the road?

Are you held responsible if someone dies on your portion of the road?

Educate me!

I told you once what the Law is concerning ROW ownership in Michigan. Search it out for yourself, I’m not obligated to train you, since as a Michigan native I have nothing to prove except tell you the frigin Law!

Your State sucks.

That’s ridiculous. How can you own the road? Do you clear snow and maintain the road?

Are you held responsible if someone dies on your portion of the road?

Educate me!

[/quote]

If some one falls on my property and breaks a hip but is in the state road easement do they sue me? Yep! The state road easement is for access by the state not just all residents. Just like railroad easements. They are so the railroad can maintain the rails but you are not allowed to hunt them without state written permission. I know cause I bought a railroad easement next to my business and still need (and will not get) state permission. Part of all of this is about liability. Hard to grasp?

How does one have permission to drive and walk on the road that you own, but they don’t have permission to be on your property?

What a retard that signed that into law.

MOst

Many countries do not ever let you own land. Most of them are really not awesome. Move to one and enjoy!

Using the word retard defines you!

Can you trap in the right of way in Michigan?

Water ways yes. Not sure about others never have.

With permission.

I'm very glad Iowa is not that way.

Waterways are governed by the Raparian Rights Act of 1958 & 2012. Basically, the adjacent property owner owns to the center of the waterway, similar to the ROW Law.

Water ways yes. Not sure about others never have.[/quote]
Waterways are governed by the Raparian Rights Act of 1958 & 2012. Basically, the adjacent property owner owns to the center of the waterway, similar to the ROW Law.[/quote]
So can be navigated if deep and wide enough for said boat?

I'm not sure how it legally works in MN regarding foraging in the ditch, I never minded when people would grab something from our ditch, flowers, mushrooms, etc. Certain greedy people do get me upset though, grab some flowers for your wife but don't dig up the whole bush!

That’s part of it. Those years I worked for MSU on the local rivers I had to garner permission for 76 property owners. The reason was that I couldn’t put a trap stake in the river bottom or bank without permission of the Platted property owner! Pretty simple, you can wade the waterway, you can float the waterway but I couldn’t put a stake in the bottom or bank.

From what I can research land owners don't pay tax under a road, not sure about row. I also doubt tax is paid under a state highway or in the row, as that land was bought from the owner in order to put the highway in. Just because the state court made that ruling doesn't make it right.

Nah, it makes sense. They calculate my taxes based on acreage, which includes everything to the center of the roadway (or the entire road if I owned the property on both sides). If I pay taxes on that land, I should surely have a voice in who gets to harvest animals, fruits and vegetables on said land. The public is allowed to travel it, but thats it...can't come clean my apple trees, asparagus patches or furbearer without my permission. Seems crazy to me to have it any other way...unless of course I didnt pay taxes on it.

No, that’s not accurate. My description for my property taxes included the 33’ ROW to the centerline of the road. One acre measured from the centerline of the road which are taken from quarter-line Settman boxes which one of those boxes was my SE corner. I think you’re correct about “State” ROWs

You want to get educated on who owns what property & taxes come buy property in Michigan.

Trappers used to and maybe still do argue they are legal to trap without asking permission by saying they are trapping a “County drain” which is complete BS in Michigan. They were/are liars and trespassers flat out! They never think about the property owner who has to pay the County to clean those ditches that THEY own!!!!

ABSOLUTELY correct and better explained than what I try to do.

LMAO! No chit!!! Try using a 4.25” CR dog-stop on coyotes & fox!!!! Liberal, progressive F-N State!!!

So, to all those trappers on this board wanting to answer questions make sure your answers pertain to the State from which the question originates and not your own State or Country! Saves a lot of confusion and arguments for some folks!!!!

I would look at ROW trapping , if anyone is good to drive a stake and set steel , then the State does not see it as your property but county , state or town property

if you have to ask permission for ROW trapping and get it from the land owner , then it is the land owners with an utility easement.

varies by state or country

the double standard is of course lakes and rivers depending on state set anchor all day with your boat but putting a trap float on an anchor would be a violation

How can the state collect tax revenue on land you can't utilize? Doesn't seem legal and certainly not ethical.

I would rather pay a touch more for that land and know that im not gonna have knuckleheads grubbing through my ditches and screwing up activities on my property. Others may not agree....

yes this

What’s the benefit to owning and paying taxes up to the middle of the road?

Seems ridiculous buying an acre of land and a good chunk of it is ditch and road.

Id have a road closed sign on it on each side of my property line. Or a booth to collect payment for access.

If you can’t do that then calling it yours is just a feel good thing the State lets you feel.

I once did 6 months in the county jail for illegal foraging of asparagus. I think this depends on the State. In some States the town road ditches are off limits, but county and State/ Federal roads are ok. I try not to steal from in front of houses, but I have had owners ignore me too. I think I got chased off once. If I have notice cutting near a house, I figure they are aware of it and pass on it. From all the endless ditch mowing these days, I think most landowners are unaware of asparagus in the ditch. Sometimes if they know they mow around it. I won't touch that either.

The idea is that if the road ever closes, the land reverts to your full control and ownership. This pretty much never happens anymore, but used to in the 1800s pretty frequently.

Keith

How much asparagus did you pick? It seems ridiculous to get 6 months for that.

Keith

my rent house has an Old road bed on one side. the road was closed when they strip mined and it's been abandoned before I bought the place 23 years ago it was not able to be driven down.

In Indiana you can trap ride of way ditches and creeks I was told out to the telephone poles on the side and under the bridges. I always assumed asparagus was the same.

And yes the deed property descriptions say to center of roads and surveyors put nails in the road often when working to mark it.

I'd spray some red fox urine on the ones closest to the road and they will probably stop getting it from there.

Back in the late 90’s when I was trapping mink quite hard I had already completely understood the ROW rights but I had heard a whisper that the County Drain Commissioner could have a problem with me inside. I went down to the County Offices and spoke directly to the Drain Commissioner about trapping inside the culverts & bridges with property owner permission. LOL! He got quite excited and told me that yes, nice that I had property owner permission BUT-BUT the culvert & bridges belonged to him and he was NOT giving me permission to enter his culverts or bridges!!!!! Such is life in the trapper’s lane!!! LOL

I still get the use of my land. I can hunt, trap, and harvest edibles right out to the center of the road, including the entire ROW. The only rights anyone else has is to travel through. Many, and I mean many furbearers are harvested from ROW. Many, and I mean many deer are harvested from a hunting position in the ROW.

LOL! That’s for sure! I always think of my relation killing deer chased out of the City Forest and dumped crossing Monroe Rd during the by gone years and no subdivions! LOL

I harvest most of my fur every year in the ROW. Thankfully I can do that without having to get permission.

Do you enjoy the stretches of roads that don’t belong to you?

Remember Michigan wouldn't let you buy gardening supplies during covid19. So their right-a-way law wasn't the only dumb law they ever passed.

Guess I my see things differently than you, but I dont see a law that protects my property rights as stupid. Dont need every tom, dick and harry dinking around in my ditches and ROW. Do we hve our share of stupid laws...you bet. Im guessing we all do...

his trapping on it is no different than you driving on it. If you drive down the road in front of my farm I pay taxes on 1/2 mile of that road and it's listed on my property deed and including in my acreage. What's the difference Driving on my property or setting traps in the road right off way. The state says both are legal.

Yes. The ROW is public here. Once in awhile you get a landowner that tries to tell you differently, but trapping and hunting is legal in the ROW here.
You cannot, however, set traps or shoot within 200 yards of an occupied residence in the ROW.
The law works well. I trap a lot of bridges and trails in the ROW across several counties, and its nice to be able to do so without seeking permission.
There are also stretches of road ditch that are good pheasant habitat, and its nice to be able to hop out of the truck and hunt them.

I once looked at buying a piece of land North of Xenia, Ohio that was 42 acres. It was basically 7 small chunks of tree less, swampy land, in weird shapes, including triangles, strung out along and connected by 3 different roads. About 1/3rd of the land was public right of way. I doubt anyone ever bought it as it was. Some farmer basically strung together all their non tillable, worthless acreage.

The same realtor that showed me that monstrosity showed me a " heavily wooded" property, that was a just a steep ravine with impenetrable, thumb size trees and brush. There was no flat land to build on. I didn't bother seeing the other properties they had to show.

Keith

Must not be much longlining in Michigan.

I have had written permission to trap 19,000 out of a 23040 block That is 29.68 square miles out of a 36 square mile block, and set very little ROW if any. To me row trapping is bad for trapping. If the land owner did not care you would be on both sides of the fence.

Opinions vary.

While I was never a longliner I don’t see where that would stop anyone who wanted to longline in Michigan. For one, Mark June did years ago before he left the State. I certainly don’t know him but I’d bet he got his permissions inorder. On the other-hand I do know one Michigan longline rat trapper who never asked permission and even wrote a book about it! LOL
Must be too much work, or time spent, or just fear of speaking to people for some to ask permission to trap private property? Also, if you set without permission you really don’t give a rat’s arse if you were stepping on someone else who has permission or some kid who had?

I am sure this varies state to state and possibly even county to county but my Property Deed shows a county "easement" of 33 feet (East side of the road, the property owner on the West side also lost 33 feet). The deed states it is mine and I pay taxes on it, yet the County cuts the timber off it by mowing and I can't build anything on it. The Lakes Association walks the ditches each year picking up trash and I have never considered it trespassing. ATV's are authorized to ride in the ditch, not on the road. I am of the opinion that even though that ROW is MY property, I have no saw on what is done on it or by who.

The one big advantage to trapping private property is having it to yourself, assuming you have sole permission. Usually have to deal with some competition in the ROW, and some occasional theft, but usually not a big deal. Sometimes you have to give someone else some room if they beat you to a spot, but again not usually a big deal. Just move on down the road somewhere.