# road hunting?



## eskay (Aug 21, 2004)

I hear you guys talk about road hunting, and was wondering what the regs are as far as guns in vehicles are concerned. I can't find anything online about this. Over here in WI, you're gun has to be unloaded and enclosed in a carrying case, you can't shoot within 50 ft of the centerline of ANY improved road (anything other than a logging road). You can't even lean your gun against your vehicle unless it's unloaded, and then only immediately before you put it in the case, and this is a gray area.


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## Booster (Sep 8, 2003)

you can leave your gun uncased in your pickup as long as it isn't loaded. As for the road hunting regulations goes, you can't shoot anything on the side of the road if the field on that side is posted! There is like a imaginary line on the road that you can't cross. However, if one side of the road is posted and the other side isn't then you can shoot on that side without having any trouble. If you happen to land a bird on the side that is posted you may retreive the bird, only* without* your gun! This info is too the best of my knowledge. I could be wrong though.


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## Bob Kellam (Apr 8, 2004)

From NDGF website

Road Rights of Ways - Do not hunt on road rights of ways unless you are certain that they are open to public use. Most road rights of ways are under the control of the adjacent landowner and are closed to hunting when the adjacent land is posted closed to hunting.

Bob


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## KEN W (Feb 22, 2002)

You can have shells in the magazine,but not the chamber in the vehicle.


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## Bigdog (Aug 13, 2003)

Just got back from SE area and have never seen that many road hunters in all my life. Sunday night there were a half dozen trucks that cruised by slow with the windows open in about 30 minutes. Ever once and awhile you'd hear them stop and shoot. I was on a min. maintenance road a long way from any town and all the land for 4 miles was posted tight.


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## Remmi_&amp;_I (Dec 2, 2003)

I don't agree with the regulation on road right of ways. Doesn't make sense to me that we pay to maintain those roads and can't hunt from them. Doesn't the public own the ditches?


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## njsimonson (Sep 24, 2002)

AG Stenhjem's Opinion on Ditch Hunting from 2002.
If it is of any help! 

Remmi - You'll find that the public doesn't OWN the road/ditches...just has an easement on the land to use a road for purpose of travel. 
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Thank you for your letter regarding hunting on county road rights-of-way. You ask whether the use of federal funds for the construction or reconstruction of county roads and rights-of-way negates the position of the North Dakota Game and Fish Department that persons owning land adjoining these roads can close them to hunting.

The Game and Fish Department's "position" referred to in your letter is expressed in various hunting guides published by the Department. For example, the 2001-2002 Small Game & Furbearer Guide provides:
Road Rights of Way - Do not hunt on road rights of way unless you are certain that they are open to public use. Most road rights of way are under the control of the adjacent landowner and are closed to hunting when the adjacent land is posted closed to hunting.

N.D. Game and Fish Department, 2001-2002 Small Game & Furbearer Guide, Effective August 11, 2001 - August 31, 2002. See also N.D. Game and Fish Department, 2001 Waterfowl Hunting Guide; N.D. Game and Fish Department, 2001 Deer Hunting Guide.

The Department's "position" is derived primarily from North Dakota Supreme Court case law and opinions from this office. n1 In Rutten v. Wood, 57 N.W.2d 112 (N.D. 1953), Rutten owned the land on each side of a section line highway and had posted no hunting signs on both sides. Id. at 112. Rutten sought to enjoin Wood from parking his car along the right-of-way and shooting geese as they flew across the highway. Id. at 112-113. In ruling for the plaintiff landowner, the North Dakota Supreme Court expressed the rule in this state as to fee title to highways:
In the absence of a statute expressly providing for the acquisition of the fee, or of a deed from the owner expressly conveying the fee, when a highway is established by dedication or prescription, or by the direct action of the public authorities, the public acquires merely an easement of passage, the fee title remaining in the landowner.

Id. at 113 (quoting 25 Am.Jur. Highways § 132). See also Lalim v. Williams Co., 105 N.W.2d 339, 345 (N.D. 1960); Otter Tail Power Co. v. Von Bank, 8 N.W.2d 599, 604 (N.D. 1942); [*3] Donovan v. Allert, 91 N.W. 441 (N.D. 1902); 39 Am.Jur.2d Highways, Streets, and Bridges § 183 (1998).

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -

n1 This office has previously addressed the issue of whether hunting may be permitted on a roadway when the landowners on each side of that roadway have posted "no hunting" signs pursuant to N.D.C.C. § 20.1-01-17. See Letter from Attorney General Nicholas Spaeth to Bruce Haskell (Aug. 10, 1988); Letter from Assistant Attorney General Robert Bennett to Dominic Volesky (Mar. 22, 1988); Letter from Attorney General Allen Olson to Russel Stuart (Sept. 12, 1974). I have enclosed copies of those three opinions for your information.

The North Dakota Supreme Court held that where the fee owner of land contiguous to both sides of a highway posted "no hunting" signs on both sides of that highway, a hunter was not entitled to hunt wild game on the right-of-way as an incident to the right to travel.

As pointed out in Rutten and in the Department's policy, there may be instances where the state or a county holds fee title to the roadway and ditches, rather than merely a right-of-way. See N.D.C.C. §§ 24-01-18, 24-01-32, 32-15-03. If the state or county has properly acquired fee title to the land underlying the roadway and ditches, the "no hunting" prohibition by the adjacent landowner would not extend to the roadway and ditches owned in fee by the state or county.

Rutten v. Wood, and the earlier opinions by this office, did not address whether roads constructed or reconstructed, either wholly or partially, with federal funds would change the outcome under North Dakota law. I have reviewed the federal laws regarding funding of local roads. Nothing in federal law suggests that the use of federal funding for county roads would result in the roadway and ditches being open to hunting.


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## Remmi_&amp;_I (Dec 2, 2003)

I still don't like it :eyeroll:


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## redlabel (Mar 7, 2002)

Road hunting is a despicable method of going after game and should not have the word "hunting" connected to it in any way.

It's why I don't put my phone number on my No Hunting without Permission signs as they then get used by opportunistic road hunters.

Find a likely area and get out and walk!


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## DJRooster (Nov 4, 2002)

Is it legal to hunt a railroad right of way if it is posted on both sides? Or does the same rule apply?


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## fishhook (Aug 29, 2002)

Red Label...I also dislike road hunting, but please sign your sign's if you are willing to give permission.

I have no problem with asking, but it is difficult to locate landowners. For one if it's not signed i am a bit embarrassed just to go to the first house i see and ask who owns the land. I feel like i am bothering them. Not to mention i've had the business given to me by the family dog before.....not fun :lol: :lol:

If you would just prefer no one else hunt it, thats your perogative, i can't knock it, but it would save many hours trying to track people down if the signs were signed...


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## Remmi_&amp;_I (Dec 2, 2003)

I wasn't saying that road hunting is HUNTING.......I am just sick of taxes that take my money and don't allow me to use things I am paying for. And I voted today the way I feel........I hate over taxation! Guess who got my vote!?!?!?!?!?!?


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## Acemallard (Sep 30, 2003)

Redlable it is the law you are suposed sign them so U are just as much in the wrong as someone shooting birds on your land. Do get me wrong I have no problem with you posting. But if I am suposed to obey the law why shouldn you.

HARDCORE WARTERFOWLER


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## Dan Bueide (Jul 1, 2002)

DJR,

Same analysis to RR as with public roads - depends on the nature of the RR's interest acquired. If the RR owns the ROW in fee (i.e. via deed and/or (probably) land grant), adjacent landowner has nothing to say about things within the RR ROW. On the other hand, if the RR is only there via an easement, it's easment is limited to RR purposes and adjacent landowner still holds fee title and controls hunting access to the centerline of the ROW. In ND, both types of RR ROW's exist - so you'd have to look at it case by case.


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## Field Hunter (Mar 4, 2002)

All rules aside...and they are the law....but I've seen MANY roosters shot in the ditches with land posted on both sides. ND's a big place.


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## redlabel (Mar 7, 2002)

Acemallard said:


> Redlable it is the law you are suposed sign them so U are just as much in the wrong as someone shooting birds on your land. Do get me wrong I have no problem with you posting. But if I am suposed to obey the law why shouldn you.
> 
> HARDCORE WARTERFOWLER


What part of the English language do you have trouble comprehending?

I said that I don't put my phone number on the signs.

The signs say NO HUNTING WITHOUT PERMISSION not No Hunting and they are signed and dated.


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