Ditches...?

[LuciandTim]

I was just wondering if any of you hunt ditches on a regular basis when your out? (Pheasants obviously)

[BDR]

This answer is not a "this is what you should do answer" just my approach to an unclear issue.Only if I can legaly hunt the property adjoining that ditch. It is a "grey" area of the laws and the DNR seems to not want to make an official ruling as they have in SD. So I just dont do it. Sure I could and end up in argument with landowners. Even if I only had 1 confrontation in a whole day of ditch hunting, that one argument would suck the fun out of a sport that I love. If I really wanted to hunt ditches along private land I guess I would ask permission to avoid any hassle.

[gspman]

Generally not road ditches but I will certainly hunt other ditches (drainage, creeks, bull, etc...)

[Walleye Guy]

It depends on what state you are in. In MN it is my belief that the land owner owns the ditch and that regular trepassing laws apply. In Iowa ditches are public and I hunt them regularly. Me on the road, the lab in the ditch. I have shot many, many pheasant doing this. My record is walking from 8:00 to 8:06 and shooting 3 roosters and a hungarian partridge.

I do not know the laws for South and North Dakota but I believe one of the states has some type of legal issue being raised about ditches.

Good Luck,

WG

[mistermom]

Drainage ditches can be real good. The property next to my Dad's place has some nice waterways and drainage ditches between the cornfields. I know when we push my Dad's CRP we definetly lose some birds who take the ditch escape routes on the neighbors property...... Next time I'm gonna get permission to push into those. The explosion of birds when you funnel them into a tight place is a hoot and a half!

mm

[loosegoose]

Road ditches in MN are fair game for anyone, as long as you stay in the right of way. The only exception I know of is ditches that border a game farm. I don't regularly hunt road ditches but have shot a few roosters out of them on my way back to the truck from another spot.

[Evenflow]

BDR has this one right on. In MN the landowner still owns and pays taxes to the center of the road. Unlike SD where the county owns the right of way between sections. Hunting ditches in MN without the adjacent land owners permission is trespassing, as the "right of way" is only for movement ON the roadway, not hunting in the ditches. Seems like we've been through this several times here before.

That being said, late season hunting in the ditches can be fantastic once the fields have been picked and or plowed. Some of the best hunting I've had in MN has been late season in the ditches around the land I have permission to hunt. Definitely worth the walking if the adjacent fields are picked.

Evenflow

[Mr. B]

Evenflow and Loosegoose,

You are both right. It depends on the legal description of the property and if the right-of-way was taken by easement or another way to gain fee title.

If the right-of-way was taken by easement the land owner still owns the underlying property but it is subject to an easement for roadway purposes.

If the right-of-way was taken by condemnation or purchased by the City, County or State then they would have fee title and the original land owner would not own to the center of the road.

There is no way that a hunter can tell how the right-of-way was taken as he stands and tries to decide if he should hunt the ditch or not.

Another thing to remember is that there is nothing that says the road has to be centered in the right-of-way.

Also don't the regulations state that no person may discharge a firearm on, over, or within the right-of-way of an improved public highway (including but not limited to federal, state, county, and township roads)? I might be confused on this one this might be limited to big game.

[lawdog]

small game can be shot in the right of way, big game cannot. You still can't shoot across a road for anything though, and for small game the other problem (aside from your 100% accurate description of the ROW control Mr. B.) is what if you shoot that pheasant and it lands on the farm ground just off the right of way. The trespass laws are different for retrieving pheasants vs. big game. All in all, I think hunting road ditches is just asking for trouble sooner or later...

[Crossin' Eyes]

I've been hunting road ditches in Iowa for 12 years. I've shot hundreds of birds from them. It's perfectly leagal and I've never been hassled by anyone ever. Maybe it's just lucky, but I'll keep doing it until I'm told in the hunting regs not to.