Pelican Lake "Private Access"

[MLee]

Thank you to the land owner. I am the guy with the shack that you let use your access last night. It would have been a long ride back to the access.

Thank you again.

[jhpreus123]

Guys, I have my own account now... I can tell you that people have tested the "waters" so to speak and I have personally seen the CO around in the area daily watching the group..... (I attached his report below) I want to personally applaud the people that have done things right by asking for permission before they trespass or take the time to come in from the access and haven't just "followed the group".

"CO Rick Reller (Buffalo) 3/11/07 Reller also followed up on several trespass complaints. Enforcement action was taken for over limit sunfish, trespass, and ATV registration violations."

[mpester]

This is off topic but how has the fishing been?

[sp700twin]

The following link is a satellite photo of the part of Pelican Lake we are discussing:

http:// Pelican Lake

As the photo shows, the water comes right to the shoulder of the public road and the land is not being farmed, maintained or used for economic gain. So why is so much effort being spent on preventing tax paying citizens access to the public waters they own? It would be interesting to find out if there is a public right-of-way do to the proximity of the waters edge to the public road.

[MLee]

Quote:

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Guys, I have my own account now... I can tell you that people have tested the "waters" so to speak and I have personally seen the CO around in the area daily watching the group..... (I attached his report below) I want to personally applaud the people that have done things right by asking for permission before they trespass or take the time to come in from the access and haven't just "followed the group".

"CO Rick Reller (Buffalo) 3/11/07 Reller also followed up on several trespass complaints. Enforcement action was taken for over limit sunfish, trespass, and ATV registration violations."

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I have been using the acces and driving out, but the lake is getting pretty sloppy. I would like to fish the lake a few more times this year. If I were to show up at your door can I get permission to access the lake from your land?

[MLee]

Quote:

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The following link is a satellite photo of the part of Pelican Lake we are discussing:

http://

Pelican Lake

As the photo shows, the water comes right to the shoulder of the public road and the land is not being farmed, maintained or used for economic gain. So why is so much effort being spent on preventing tax paying citizens access to the public waters they own? It would be interesting to find out if there is a public right-of-way do to the proximity of the waters edge to the public road.

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So what. The land is not yours and you should respect the owners wishes. Do you want people walking thru your yard?

[jstrommen13]

i was told from a buddy as of yesterday the 13th he was out there and he didnt do all that good. only caught a few blue gills and alot of those small pumpkin seeds. have to work really hard to get the bluegills

[jhpreus123]

The spot that you are showing on the photo isn't even the spot where people were/are entering the lake. It is where I had the road plowed on the lake. There is an "easement" in the area that you are talking about it is right where the culvert is you would have to enter it from the roadway...... I am not going to get into a "what if" scenario.... I am not your Attorney and I am certainly not going to give you advice..... I can only tell you this if/when you get a ticket for being in the wrong area at the right time don't call me to "help" you out...... Hopefully the weather stays warm so this all ends soon....

[sp700twin]

MLee-

If you would go back and read my first post you would see that I have respected the land owners rights by not crossing his land even though I was in my car with my son ready to fish and did not step foot on private land when many others were crossing onto the ice. I am however cruious to find out if there is a public right-of-way. If there is then yes I will exercise my rights and cross the land onto the ice.

You can also exercise your right to try and get this law changed and contiue the attack on public lands by land owners who wish to lock out the public, thus giving them sole access to "what used to be" public areas.

In response to your final question: my house, along with several othes, backs up to a small water collection pond. I have a small ice ring that I have been maintaining. There is no community access to the pond. All the kids in the neighborhood know they are welcome to cross my grass to gain access to the pond. During the heavy snows cars would even park on my driveway since parking on the street was not allowed. Did I throw a hissy-fit, no. As long as they didn't park on the grass or completely block access to the garage I didn't mind. In another month there will no tracks left of the kids running through the snow to the pond. And you know what? I will clean the ice for them again next year.

[GullGuide]

Let me say I was one of those out there on Saturday AND Sunday.

"They did have to cross the 20-30 feet of land which did have a "No Tresspassing" staked right in the middle of the walking path."

This is not 100% true. Most of the people out there were walking out from the area where the water came up to and into the right-of-way, myself included. So please dont assume that everyone out there was breaking the law.

It amuses me that there are people who were crossing right where the signs were and I hope they got tickets.

As far as the fishing goes, it was pretty darn good. Both nights I filled out on 8 to 9" fish. The bite started at 6 and went till sundown for these larger fish. Lots of small ones before that time frame though.

Hit it hard while you can cause it will all be gone in a year.

[sp700twin]

Quote:

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The spot that you are showing on the photo isn't even the spot where people were/are entering the lake. It is where I had the road plowed on the lake. There is an "easement" in the area that you are talking about it is right where the culvert is you would have to enter it from the roadway...... I am not going to get into a "what if" scenario.... I am not your Attorney and I am certainly not going to give you advice..... I can only tell you this if/when you get a ticket for being in the wrong area at the right time don't call me to "help" you out...... Hopefully the weather stays warm so this all ends soon....

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The spot in the photo is in fact the point I am referencing. There has been two wood pallets leaning against each other in the plowed road with a "No Tresspassing" sign.

Are you saying this is in fact a public right-of-way to the lake? Even where you have ran the cable? If it is then I thank you for clearing this matter and I rest my case.

[MLee]

Quote:

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In response to your final question: my house, along with several othes, backs up to a small water collection pond. I have a small ice ring that I have been maintaining. There is no community access to the pond. All the kids in the neighborhood know they are welcome to cross my grass to gain access to the pond. During the heavy snows cars would even park on my driveway since parking on the street was not allowed. Did I throw a hissy-fit, no. As long as they didn't park on the grass or completely block access to the garage I didn't mind. In another month there will no tracks left of the kids running through the snow to the pond. And you know what? I will clean the ice for them again next year.

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Key word is neighbor kids and not a bunch of strangers.

[sp700twin]

MLee-

You are welcome to cross my yard anytime you want, unless you are a 12 year old then you are probally already doing it.

[MLee]

Quote:

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MLee-

You are welcome to cross my yard anytime you want, unless you are a 12 year old then you are probally already doing it.

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Sweet! you just gave me a permanent easement on your property. Make sure that if you sell your property you have that on the title. J/K

[dewydog]

SP700TWIN,

My point exactly on the right of way, if you look back in this post I mentioned this right away. If the ice is in the easement there is no discussion you can go out! It's not disrespecting the land owner it is the publics right!!!

[TB Basser]

Gullguide,

Why will it all be gone in a year?

[dewydog]

I believe gullguide is refering to the draw down set to begin this year. They will be trying to turn it back to a duck slough or natural state of water level.

[rather b hunting]

Let's end this argument right now. If I am following correctly screen name jhpreus123 is the land owner in question. In previous posts he has given out his phone number and just asked for people to call him and ask. Whether it is his land or not he is not saying no but rather just call me and ask and you can go. So since we are all good sportsman who cares if he really owns it just call and ask and then we are all good. It is not like he is saying "no" and standing out their with a gun keeping people off of it. This is all a part of good landowner relations. I can tell you many times I have been hunting public land, like WPA or WMA and it butts up next to a farm and I have noticed kids or people out in the front yard. I avoid going near that border it just makes for good relations with land owners. No different than during election years with all those dam yard signs. Technically every piece of property has an easement of 10 ft I think but they still come to the door and ask if the sign is ok in your yard. I can tell you one great story of mine where I pulled into a WMA pheasant hunting right next to a farm with Livestock. I know the 500 ft rule but I went over and asked if their livestock was bothered by hunters in that field farther than 500 ft away. They said yes so please go hunt all my private land out back were there is no livestock. I did and it was real good. I got private land from just being nice.

[Shack]

I agree. This topic would be never ending if we keep going on, just like the Hatfeilds and Macoys. Ffjoef, I am sorry if my post offended you. I was only trying to bring light to a subject that was getting out of hand. My post was about my self in my younger years. Now a days, It just isn’t worth it. People get as mad as you had and things get out of control. You hear about people getting shot over stupid things like this.. With the toys that are out their and our economy, people have 4 wheelers and boats. There is no need to trespass, just go to another lake. Come all! Lets post about fun things and save the aggression for our kid’s soccer games and such.

Give peace a chance,

SHACKBASH

[sp700twin]

“Let it go and just find another lake to fish.” The infamous words of the worst disease to affect Sportsman, the Passive Sportsman. In this case there is a public right-of-way. I called Wright County regarding the photo I posted earlier. They did confirm that it is indeed an access point to the lake and they confirmed that no individual can prevent or limit entry at this point. Thus, placing “No Trespassing” signs on the ice and running the cable over the water channel between the two peninsulas is in fact illegal. Remember, there are two different locations in questions here. I am referencing the spot indicated in the previous photo, a 1/4 mile back there is another spot where individuals are crossing private property, the spot in the photo is indeed an access point. Over the years our hunting/fishing/camping/snowmobiling/horseback riding/ATVing have been severely restricted and reduced. There is a huge movement out there by individuals who would like to completely remove these rights from us. At the end of the day I do place most of the blame on ourselves, the Sportsmen. By nature we tend to be a passive people and try to avoid arguments and confrontation. If we are to preserve our heritage to share with our Grandchildren we have to make sure TODAY there is going to be land to use tomorrow. Many of you are complimenting this gentleman who is placing signs and running cable over a public access point. You are saying he is a great guy because he has given his phone number and will open the gate for you to pass. What if he is out to a Hillary Clinton fund raiser when you call to take your kid fishing? You can just go home because one individual is controlling your right to have access to public waters. It may appear to be a small issue. This year it may only be access to Pelican. Next year it may only be loosing a boat dock on Beebe, year after it may only be loss of snowmobiling in the metro counties, year after it may only be loss of any firearm hunting in the southern half of the state. Year after it may only be loss of ATVs on unmaintained roads in State forests. 40 years from now all of these “little issues” add up to one huge problem, all public lands being controlled by the anti-sportsman crowd. I am a law abiding citizen. As I posted earlier, I did not go out on Pelican because I was not sure if it was private or an access point. Now that I know it is an access point I will go out confidently and hope the CO does come over so I can report an individual knowingly blocking public access to public waters. If the County decides to change the designation of this point then I will abide and fish elsewhere because I would be partially at fault for voting in the elected officials who changed the law. Until then I will stand-up and defend my rights.

[jeepguy]

Somebody finally said it. I am going out there tonight. I started this online argument and it did get a little out of hand, but a positive cam eout of it, we can lawfully fish there by crossing at the correct point. Thank you for doing the neccessary research. In a coupel weeks the ice will be gone and we can all launch our boats at the public access and this will be a non-issue, unless someone wants to claim they own the lake itself.

[jhpreus123]

SP and JeepGuy the area you are referring to in my first post I explained that there is an easement off of county road 37 just east of my driveway... It is a 40yard area that is a "bay" that comes off of the lake where the culvert crosses the road and you reference water on both sides of 37. This does not mean the driveway approach to the west... As I posted before there is a channel that has a pressure ridge that is in the gap that you are referring to which is public water no doubt.... I would not recommend crossing it with a pick up or such as before it snowed I know of one vehical that fell through that area..... The pennisula that has the cable across it is private property as it is land no question..... The area that I have been referring to in earlier posts is off of 37 and 75th street... Where people have been walking in.... If you doubt that you would be trespassing I would challenge your judgment..... I can not keep you from using a public lake and that has never been an argument it comes down to where it is legal to access.....

[federline]

>>> Somebody finally said it.

This same type of hubbub erupted last year over accessing Schmidt Lake from the county road. The owner(s) of land abutting the lake erected a fence to keep people out. The same result happened there - as long as the waterline crossed the public road easment, the landowner/association could not prevent access. As soon as the water receeded back off the easement, he was permitted to roll the wire fence (placed outside the easement) back in place if he wished. The CO or sherrif was actually out there to supervise removal of the fence so some guys could access and fish.

This issue, along with a few other myths about shoreline, public water, and land under the water, just keep coming up. Minnesota has some of the most nationally quoted shoreline land rights laws in the country. That doesn't make MN right or wrong, it just explains why we keep discussing this - we place high enough value on shoreline to estabilsh laws around it, and when you have people on both sides of the fence (no pun intended) it will be controversial.

I tend to agree with the "passive sportsman" comment. Passive acceptance of the erosion of lawful land access through case law has put hunting and fishing into a tight box. This country is run by rule of law, without it we would have chaos as everyone erected barriers in the middle of highways in protest of 100 year-old eminent domain seizures from previous generations. Those that benefit from and believe in the rule of law should stand up to defend it, or they should challenge it fairly without acting as sole judge of what an individual can or can't do in the lawful pursuit of life, liberty and happiness.

That said, those that use the law as a passive-agressive weapon against landowers chap my hide, too. Be nice for crying out loud. In the land of 10,000 (20,000) lakes, and in the county of 200 lakes (Wright), "go fish another lake" is not a serious cramp in your PRIVILEGE (its not a right, despite how we feel about fishing) compared to making people angry.

Now, what would be interesting is to see what the law has been deciding for people in ND at Devil's Lake, and if anything was changed in the law as a result. Pelican is essentially the same situation, but it may all be moot soon when it is permanently drained.

[jeepguy]

Lets end this right now. Do you agree there is a place where the public can legally walk in? Are you willing to let people use your driveway with permission. Because I have been denied before, and that is why this topic was raised. The last thing I would want to do is start an ongoing argument with a fellow sportsman. If sportsman start arguing with each other the will not stick together and protect sportmans rights and ways. Over time we will turn into a treehugger run society where it is illegal to hunt and fish, and the only kind of meat you can buy is made of soy. I think we are all better off coming to some sort of understanding when it comes to this area in question, so we can all continue to use and enjoy natures resources.

[jhpreus123]

HERE IS WHAT I HAVE SAID IN THE PAST>>>

Guys, I want to chime in here before this message thread gets out of hand.... I am actually the guy that has the cable across the pennisula of land that leads to the plowed road to the lake that pennisula of land is private. You are right about an easement coming up to the road in the area where the ice road is plowed to the lake. The "gap" that opens to the lake has a pressure ridge in it and actually a pickup fell in there before the snow so I wouldn't recommend crossing as I can see it is very slushy. Jeep Guy give me a call 612/490-3378 and I would be happy to let you in the gate as long as I know you are going through no fees no nothing.. I am an active outdoorsman and enjoy the resources just as much as the next guy..... I borrowed my buddies account to post this so I won't reply any further.....

Now with my quote out in the open.... There is and in last several years been an area that you can leagally access because it is in the right away of the road.. The current area where people have been taking down fences and walking around signs is not the area in question. Guys, I fish, I hunt I am not a TREE HUGGER!!! My personal grief with this whole thing is that the "sportsmans" apparent gain by crossing where they are not suppose to has become my personal pain.... You may be one person and looking at it from your own view but when that view multiplies 50-100 times a day because "I am only fishing" is where it becomes a pain... The group of people that also lump themselves into "sportsmen" are the same ones that leave bags of garbage that I have personally picked up or come out day after day after day and rape the lake....... Everyone states that the lake draw down is a done deal... This is not true as I personally have been to the meetings and there is "red Tape" that still needs to be cut.... What if the word gets out that Pelican is actually a trophy Bass, Northern Crappie and Sunfish lake that is sustaining a fishery that has rebounded in less than 6 years after a freeze out??? Like I have stated I am just as big of a sportsman as the next guy..... Now with that said Jeep Guy the invitation is still open... I WOULD NOT recommend driving... You are more than welcome to park in my driveway and we can even drink a beer and BS...

[jeepguy]

I hear you on the garbage beingleft behind. I was out at Buffalo 2 days ago, and my dog was getting into something. Someone had left behind beer cans, burger patty boxes with burger in them, and other sorts of trash. I am think of coming out to Pelican today, after I watch some B-Ball. I will assure you if I see someone leavign behind trash I will not hesitate to say something to them. I would like to BS with you a little bit, mainly about the drawdown fo Pelican. I live on a wetland that is supposed to be affected by the possible drawdown. I would like to hear some insights on this proposal and hear what others have to say about it. My college roomate actually did the report that you can access via the web. I have your number and will give you a call if I head out this afternoon.

[Shack]

ALL RIGHT,COOLNESS PREVALES. OPP'S, LET ME TURN OFF MY CAPS LOCK. Ok, thats better. Everyone is happy. This is how it should all work out in the end all the time. As much is it is a sportsman right to not let the bad guys get the best of him, I still think its not worth a slug to the chest out in field. Unfortunately this is how our society has become. Remember F.Mers, be safe and most issues can be resolved in these chat room forums. They do seem to have a lot of power to them. Good luck