Montana BLM Determines Fence Built Around Landlocked Public Land is Legal

[Humptulips]

Another point I think needs to be, when the State started charging for use of DNR land for recreation (Discover Pass) it became an income producing activity. That put it in the same boat with mining, logging ,grazing etc. when it comes to access. If the State has an easement for income producing activities, recreation should now be included.

The DNR portion of the Discover Pass funding goes into the DNR "park land trust revolving fun" which funds DNR  public/recreational facilites.

So the $ you spend on a Discover Pass is not going to fund/maintain some type of publicly inaccessible DNR land.

It makes no difference where the money goes. It matters what you are being charged for. You are being charged for driving on any DNR road so those DNR roads are producing income. That makes the use of any DNR road by someone with a Discover Pass a money maker for the DNR.
So what kind of easement do they have on these roads? Be interesting to know what the terms of the easements are.

[stuckalot]

The most relevant thing that KF is getting at is that all public lands, be they forest service, blm, DNR, are not created equal. The general public does not have access to all of them. I would venture to guess .gov does in all cases. The easements that allow access to these lands are written based on who is entitled to access and for what purpose. We can debate the value of .gov owning land that is not accessible to the general public, particularly for recreational purposes, but that is an entirely different argument. Currently .gov owns a lot of land not intended to be accessible to the general public, for many different reasons.

[fireweed]

Another point I think needs to be, when the State started charging for use of DNR land for recreation (Discover Pass) it became an income producing activity. That put it in the same boat with mining, logging ,grazing etc. when it comes to access. If the State has an easement for income producing activities, recreation should now be included.

The DNR portion of the Discover Pass funding goes into the DNR "park land trust revolving fun" which funds DNR  public/recreational facilites.

So the $ you spend on a Discover Pass is not going to fund/maintain some type of publicly inaccessible DNR land.

It makes no difference where the money goes. It matters what you are being charged for. You are being charged for driving on any DNR road so those DNR roads are producing income. That makes the use of any DNR road by someone with a Discover Pass a money maker for the DNR.
So what kind of easement do they have on these roads? Be interesting to know what the terms of the easements are.

most easements between DNR/timber companies/agencies are "forestry use only" or "administrative".   I have one such easement on land landlocked 360 degrees by Weyco. and it says "forestry use".  Of course, is hunting a forestry use??  Animal damage control, after all.   And now weyco has leased all the land around my acreage for hunting.  In forestry it is also very common for temporary road use agreements, and road maintenance cost sharing based on tributary acres.

The St. Helens wildlife area of 7,000 acres to the mudflow has a WDFW "administrative" easement, although they asked for a public use easement.    Weyco said no and a mere 200 feet separates this entire wildlife area from a public road.

Bottom line, to ensure public access (and NOVA grant funding) agencies need easements for "public use".    I believe the state/feds need to prioritize high value areas and acquire easements for public use to these areas.  Examples would be landlocked trailheads, or blocked up acreage over 5,000 acres. If the area is particularly important to the public (such as the entire Toutle DNR forest of 35,000 acres or a state/forest trailhead) use of eminent domain would be justified.  Currently in state law, WDFW can use eminent domain for right-of-way acquisition for public use and the DNR cannot. 

[Stein]

The guy owns the land and built a fence on his land - most likely to keep hunters off his private property.  Doesn't need any more reason than I did when I built a fence.

The real question is how much was Newberg's chopper ride?  I still have that episode on DVR with the plans of figuring out where it is.  Sounds like that problem has been solved.