Question about Road Hunting

[Eric Wettschreck]

It gets a little dicey here in Murray county as some of the townships have roads with no right of way, and it's very difficult to figure out which roads do and which roads don't. I've been here going on 16 years and I still don't know for sure which ones are legal. How does a guy find out? I have no clue. I asked the local CO a while ago and he told me there's a lot of grey area. There are township roads here that some stretch of the road has a right of way while other stretches of the same road do not. I'm not sure but I think it's due to some type of agreement between the township and land owner that was made prior or during construction of the road.

Pinching ditches can be a great way to bag a couple of roosters but I don't do it anymore as I can never really tell if the township road I'm on has a right of way or not. To each their own but it just isn't worth it for me. I love to hunt and getting a tresspassing ticket would really suck.

[Tom7227]

I think that the answer is pretty complex on whether a certain piece of ditch if huntable or not and I would be wary of any simplistic one sentence answer. I also think that whatever one CO gives as an answer isn't necessarily correct, and won't necissarily be followed by every other CO or law enforcement officer across the state. This subject comes up every year and IMO many times answers given are of questionable value.

I think that legall the answer depends on whether land that the "roadway" covers is owned by the public or is owned by the adjacent landowner who has given an easment to the public for the use of that land.

I also think that the Minnesota Hunting Regs ducks the entire issue as has the legislature by only declaring that it illegal to shoot a big game animal from a roadway.

Here's a statute on the subject:

2009 Minnesota Statutes

97B.001 TRESPASS.

Subd. 7.Taking with firearms in certain areas.(a) A person may not take a wild animal with a firearm within 500 feet of a building occupied by a human or livestock without the written permission of the owner, occupant, or lessee:

(1) on another person's private land; or

(2) on a public right-of-way.

So, after being a lawyer for 37 years and a prosecutor for many of those years my answer is proceed at your own risk and make sure you have bail money.

[Ajay]

I have a minimum maintance road which is supposed to be a county road. I own to the center of that road. Now i also have land on tje opposite side of that county road.  If you shoot off that road into my posted property you will be turned in period.  If I am not allowed to use an atv less than half hour before andafter sunrise, but I can use my atv between 11 and 2.  What makes it right for fools driving in a pickup driving slowly with orange on and rifle in plain sight looking for deer the whole day?  I will call ya in, cant stand unethical hunters especially ones who shoot unto my ptoperty and think its ok.  Sickening as to how some people are.

[Mike89]

12 years later???   ok

[leech~~]

5 hours ago, Ajay said:

I have a minimum maintance road which is supposed to be a county road. I own to the center of that road. Now i also have land on tje opposite side of that county road.  If you shoot off that road into my posted property you will be turned in period.  If I am not allowed to use an atv less than half hour before andafter sunrise, but I can use my atv between 11 and 2.  What makes it right for fools driving in a pickup driving slowly with orange on and rifle in plain sight looking for deer the whole day?  I will call ya in, cant stand unethical hunters especially ones who shoot unto my ptoperty and think its ok.  Sickening as to how some people are.

Yep you have every right if your following the law to protect your land.  Welcome to the forum!