More Idaho public land being closed off

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Mike7

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I would think that an organization like Backcountry Hunters & Anglers could truly get overwhelming bipartisan grass roots support from all people in recreation if they made a state by state effort to codify in statutes in states like Idaho where it is not already the case, easement by necessity and prior use which are common law concepts (i.e. laws & concepts developed and established by Idaho case law, but there isn't an Idaho Code Section that addresses them).
 

TheTone

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I would think that an organization like Backcountry Hunters & Anglers could truly get overwhelming bipartisan grass roots support from all people in recreation if they made a state by state effort to codify in statutes in states like Idaho where it is not already the case, easement by necessity and prior use which are common law concepts (i.e. laws & concepts developed and established by Idaho case law, but there isn't an Idaho Code Section that addresses them).

My personal feeling is that would be political suicide in this state for a politician to propose a law that diminishes private property rights and thus highly doubtful anything like it would ever be proposed.
 
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jmcd22

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My personal feeling is that would be political suicide in this state for a politician to propose a law that diminishes private property rights and thus highly doubtful anything like it would ever be proposed.

I would think the same thing as you but this has been covered by our local news multiple times. They have a leftist slant about them so I cannot say I'm surprised that they are plastering this all over the news but I was pleasantly surprised to see many opinions leaning towards keeping our public land accessible. I think it can be done but they would have to go about it carefully. One of the comments above suggested they go after the low hanging fruit and work with the timber companies that still own land and other private land owners that are willing to work with our state officials to get these easements in writing so if and when the land does get sold, we don't have this situation all over again. After that, then tackle the hard to reach agreements such as this one. The problem is, I think this is such a low priority for so many of our elected officials. I guess we as sportsmen and women just need to raise hell until it is a priority...squeaky wheel gets the oil.
 
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jmcd22

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Hopefully, a lawyer could address this and maybe someone from BHA?

There is a local group that is tackling this but I don't know what kind of funding they have. The local news interviewed someone from the organization and he mentioned that the only way to tackle this issue is in court. I hope they can make something happen but looking at this objectively...a small time local organization going up against two billionaires, who clearly have done this in other states and other areas of Idaho, just doesn't seem favorable. Maybe they can have some of that David/Boise State magic and win. Who knows...but I wouldn't be surprised to see Goliath win again.
 

M-Wig

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Many Texans say the 2% of public land in the state is to much. You do not want Texans running or owning western lands.
Who conducted this survey for you? Any time I see public land discussed on Texas hunting forums people are overwhelmingly in favor.

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Billinsd

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Who conducted this survey for you? Any time I see public land discussed on Texas hunting forums people are overwhelmingly in favor. Sent from my Pixel 2 XL using Tapatalk
It's the "Many Group" based out of somewhere. It's sister company is "People Say". 'Just saying.....
 

jmez

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Follow the money. Billionaires on one side, common people on the other.

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TheTone

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Who conducted this survey for you? Any time I see public land discussed on Texas hunting forums people are overwhelmingly in favor.

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Ted Cruz for one, he's been on record numerous times saying he would like to transfer public to state and private control.
 

M-Wig

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Ted Cruz for one, he's been on record numerous times saying he would like to transfer public to state and private control.

I know Ol Ted got on that train a few years back. I honestly don't know if he has mentioned it since then, haven't seen it but I could've missed it. Seeing as everyone knows Texas doesn't have that much public land by percentage, it would not be wise for a Senator to spend any significant amount of time bringing legislation. Now if that Senator is running for a national office, say...President, he may choose that time to offer an opinion. Even if Cruz decided liquidating as much public land as he possibly could was his pet project; and all of Texas said, "yes Ted, please spend all of your time and resources ****ing up the West!", he's not doing it without massive support from politicians in those states.

That said, I was speaking more to the citizens of the state. Hunters here and those in the West (likely everywhere else as well) are supportive of this public land rights push taking place. The difference I see is there aren't as many single issue voters that I talk to locally.
 

Tick

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I have no problem with someone putting gates on their property to keep people out without a legal easement in the deed. We have all seen enough garbage left on public lands to realize some people have no respect.

If they blocked a legal easement then the gates should be removed.
 

Trial153

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TheWhitetailNut

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We should be alot more angry about our government building roads on land they do not own and have no legal easement to.
 

TheWhitetailNut

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Try voting for a democrat for a change. A bunch of the political issues I see in our state basically coming from one party having all the power and being able to do whatever they want with little to no fear of any repercussions.
That'll fix it
 
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Seems insane.. This must only be applicable to roads that have no formal easements or Right of Ways?

This. If there is no easement in place, they can close the road. It's happened in other USFS districts in other states (mine actually). The LO no longer wanted the main access road going through is whoop-tee-doo 250 feet of dirt and made the local ranger district close it off and reroute the road around him.

I am against any landowner being allowed to do this. Period.
 

GWHunter

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I have no problem with someone putting gates on their property to keep people out without a legal easement in the deed. We have all seen enough garbage left on public lands to realize some people have no respect.

If they blocked a legal easement then the gates should be removed.
We should be alot more angry about our government building roads on land they do not own and have no legal easement to.
If there is no legal easement, that landowner should be allowed to do as he wishes with his property. If one of your neighbors just decided to start driving across your property to access their best buddies property on the other side of you how many of you guys would just go "awww go ahead man". Now if there is a legal easement then that would be someone closing a public road or putting a gate across your driveway. Rip down the gate and send them the bill. If the government, local, state, federal whatever, wants a road through there, either attempt eminent domain or come to an agreement with the landowner. Maybe he'd rather have the road cut through a different section of his property? Heck if it were me I'd consider setting up a toll booth and convenience store.
 

GWHunter

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Just because public land is public shouldn't mean that you also have the right to trespass on private property to access it. The solution is either easements created, or permission from the landowner. I highly doubt many people on here would be okay with the general public crossing your property without your permission to access something on the other side. I don't see this as a landowner issue, but more of a government issue for not securing or working to secure legal permanent easements into these areas. You would think that they would want access as well in case of fire, or an emergency, or just general maintenance of the property.
 

Pikespeak

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How about this. Inform the land owner that unless the public is allowed access to the public land on the existing road, the existing road will be closed 1 mile from the land owners gate and returned to its natural state. Since the land owner is crossing public land on a public road, the entity involved (federal, state, local) should cut off all access to his property on public roads unless an easement is granted.
Absolutely this. Solve the problem real quick.
 

Pikespeak

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If there is no legal easement, that landowner should be allowed to do as he wishes with his property. If one of your neighbors just decided to start driving across your property to access their best buddies property on the other side of you how many of you guys would just go "awww go ahead man". Now if there is a legal easement then that would be someone closing a public road or putting a gate across your driveway. Rip down the gate and send them the bill. If the government, local, state, federal whatever, wants a road through there, either attempt eminent domain or come to an agreement with the landowner. Maybe he'd rather have the road cut through a different section of his property? Heck if it were me I'd consider setting up a toll booth and convenience store.
Or as someone above suggested, tax payers shouldnt pay for the road going to his property. End the road before it gets to his property and then he’ll be locked out himself.
 

Pikespeak

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We should pool money and buy a gate and get some good ole boys to install it on the public land side before it gets to his gate. If everyone can’t use the road, no one can.
 
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