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Discussion Starter #1 (Edited)
Ran across this today and I've seen this other times while riding. A seasonal road that someone has laid claim to and now calls it a "Private Road", apparently because they own the land that the road goes through and they don't want anybody on it. I wonder about the legality of this. :confused: Oh well, there is a gazillion other places to ride.

What.JPG
 

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They have the same problem with old rail road right of ways. Even though they no longer revert to the former land owner people forget that and claim them as their own.
 

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Too bad, looked like it would have been a nice road to explore.
Remember back when the Clintons left the White House and a lot of the locks got mysteriously super-glued shut? Well if you felt vindictive and thought “Well, If I can’t go through the gate no one can!” then some revenge is only a tube of Elmers away. Naw, just joking. I would never advocate something as illegal as that even though I see protesters these days with signs saying “Resistance is Patriotic”.:rolleyes:
 

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We see it all the time here in MI. People gate state land right of ways. If I know the gate is BS, I ride through it. Only challenged once so far, I told them it was BS, call the sherrif. Guy just said, keep off, I just kept riding.
 

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Discussion Starter #6
Any lawyers on the forum that could explain this trend of blocking seasonal roads? I don't mind crossing a barrier but I would want to be sure that I have a legal right to do so.
 

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In some states it is legal, others not so. In some places if they can prove the road is unused for a long enough time , they can claim it.
So they lock it up so no one can use it and that makes their case. If you can, challenge them in court to prevent this.
In North Kohala there is Pratt road. It parallels the only thorofare from the Airport to a harboreast about ten miles. It used to pass through sugarcane fields until the eighties when
the sugar business failed and the land was parceled out. The new owners put gates all over the place and no one could pass. After a time the road just became private property.
Pratt Road had been a main route for nearly 100 years and now is private property because no one challenged it.

goddam auto correct!!!
 

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Most of the land I am referring to is owned by the state , I don't think by putting up a closed sign you can assume ownership of a state forest, but I could be wrong.
 

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If the state leased the land to logging companies they can close it.
 

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Any lawyers on the forum that could explain this trend of blocking seasonal roads? I don't mind crossing a barrier but I would want to be sure that I have a legal right to do so.
You don't need a lawyer. Seasonal use roads are the property of the state or county and all you need do is go to the town highway super and ask if the road is open or closed. I have them all around me here and instead of gates they just drop trees across them figuring the town will get tired of having to send the highway crew to remove the trees and hand the road rights over.

GaryL
 

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Discussion Starter #11
If I lived in the area where I was riding, I'd look into it a little more. I checked it out on Google Earth and it looks like that seasonal road intersects with a paved regular road and a house not too far from the gate. Not a big deal as far as missed riding opportunity, just it seems like I run across this often. The land owners probably had a bunch of hell raisers rip through there in the early morning, weekend hrs. which is why they are trying to block it off. I can see both sides of this issue, just not sure which is the right side.
 

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One of the last dirt public roads in San Mateo County was closed down because where it dead ended was subject to "rave" parties and private property owners didn't like them.
 

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We have a lot of them here in the Catskills. I call them old coach roads but generally they were from the days of horse and buggy travel. Almost all of them connect two paved roads but are actually short cuts that save a couple or more miles on the pavement. If you were coming from the nearest town to my house on a horse or in a horse drawn buggy you would certainly take the cut road and save at least 4 miles you would have to drive on the main paved roads. We have one very rich land owner here who owns almost all the property on both sides of 2 of these seasonal use roads. The small parcels he doesn't own are public hunting and fishing lands so he can't gate them or restrict travel. Scottie has ridden his TW on a few of these roads down here when he visited a few years back with Ebanflood and a few others for a get together.

The big power lines are another bone of contention around here. The gas and electric company bought the rights to run their lines through privately owned lands but they do not own the land at all. They do erect gates in various spots but they must provide the key to those land owners or what they do instead is allow the owners to use their own locks by going lock to lock to lock on some gates where more than one land owner has rights to access his own land. My lock to the gas company lock to the other owners locks so they all can get through. ATVs in NY cannot be ridden on any state or private land unless you have written permission from the land owners. However there is no such laws restricting licensed road vehicles such as our TWs or 4x4 Jeeps and such. Every gate they put up has a way around it if you have a suitable vehicle.

GaryL
 
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