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Author Topic: Stateland  (Read 22104 times)

Offline fireweed

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Re: Stateland
« Reply #15 on: October 27, 2018, 02:00:56 PM »
Is there any legal way to access stateland that is basically surrounded by Weyerhaeuser I would assume that the state has an easement but I can’t find it on my gps with hunt Washington chip or the hunt onX app..

Any suggestions would be appreciated. Thanks
Nearly all state DNR land, even landlocked land, has some type of easement.  The key is to get a hold of the specific easement and read the details.  Nowadays, the timber companies are very careful to specifically EXCLUDE the public.  ie, the easement will say for "administrative purposes only" or for "Forestry purposes only".  However, back in the 60's and 70's the easements I've found say the purpose is to "access state land" or "access the lands of the parties" in the easement, with no language excluding anyone.  Now the DNR and private landowners might disagree, but I don't see how anyone walking down a road headed to state land with an easement with a specific purpose of accessing state land could be found to be trespassing.  Get and carry a copy of the easement first from the court house.

Offline M_ray

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Re: Stateland
« Reply #16 on: October 27, 2018, 03:54:27 PM »
Is there any legal way to access stateland that is basically surrounded by Weyerhaeuser I would assume that the state has an easement but I can’t find it on my gps with hunt Washington chip or the hunt onX app..

Any suggestions would be appreciated. Thanks
Nearly all state DNR land, even landlocked land, has some type of easement.  The key is to get a hold of the specific easement and read the details.  Nowadays, the timber companies are very careful to specifically EXCLUDE the public.  ie, the easement will say for "administrative purposes only" or for "Forestry purposes only".  However, back in the 60's and 70's the easements I've found say the purpose is to "access state land" or "access the lands of the parties" in the easement, with no language excluding anyone.  Now the DNR and private landowners might disagree, but I don't see how anyone walking down a road headed to state land with an easement with a specific purpose of accessing state land could be found to be trespassing.  Get and carry a copy of the easement first from the court house.

This is only feasible if you plan to hunt one or two pieces... many of us hunt all over the west and it would be a full time job trying to research the thousands of pieces in your hunting areas. I for one don’t want to end up in a barn upside down by boots assuming there is an easement... Rule of thumb across the west is “ If it doesn’t touch the road DONT access!”
DISCLAIMER: The opinions expressed here are not those of HW Management, Admins, Mods or Myself... But they are the opinions of Elvis who has revealed them to me through the medium of my pet hamster, Lee Harvey Oswald...


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Offline sRaud

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Re: Stateland
« Reply #17 on: October 27, 2018, 04:03:26 PM »
It’s bs I’ve hunted this area for years. It’s all state land I hunt but there is absolutely no way to get to it without crossing a small sliver of Weyerhaeuser. I refuse to pay to access there land.
GO HAWKS

Offline CLARKTAR

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Re: Stateland
« Reply #18 on: October 27, 2018, 04:36:51 PM »
Is there any legal way to access stateland that is basically surrounded by Weyerhaeuser I would assume that the state has an easement but I can’t find it on my gps with hunt Washington chip or the hunt onX app..

Any suggestions would be appreciated. Thanks
Nearly all state DNR land, even landlocked land, has some type of easement.  The key is to get a hold of the specific easement and read the details.  Nowadays, the timber companies are very careful to specifically EXCLUDE the public.  ie, the easement will say for "administrative purposes only" or for "Forestry purposes only".  However, back in the 60's and 70's the easements I've found say the purpose is to "access state land" or "access the lands of the parties" in the easement, with no language excluding anyone.  Now the DNR and private landowners might disagree, but I don't see how anyone walking down a road headed to state land with an easement with a specific purpose of accessing state land could be found to be trespassing.  Get and carry a copy of the easement first from the court house.
Where can a person look up and acquire these easements?

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Offline fireweed

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Re: Stateland
« Reply #19 on: October 29, 2018, 07:20:30 AM »
Is there any legal way to access stateland that is basically surrounded by Weyerhaeuser I would assume that the state has an easement but I can’t find it on my gps with hunt Washington chip or the hunt onX app..

Any suggestions would be appreciated. Thanks
Nearly all state DNR land, even landlocked land, has some type of easement.  The key is to get a hold of the specific easement and read the details.  Nowadays, the timber companies are very careful to specifically EXCLUDE the public.  ie, the easement will say for "administrative purposes only" or for "Forestry purposes only".  However, back in the 60's and 70's the easements I've found say the purpose is to "access state land" or "access the lands of the parties" in the easement, with no language excluding anyone.  Now the DNR and private landowners might disagree, but I don't see how anyone walking down a road headed to state land with an easement with a specific purpose of accessing state land could be found to be trespassing.  Get and carry a copy of the easement first from the court house.
Where can a person look up and acquire these easements?

Sent from my SM-G935V using Tapatalk

I've done my research online with the county (Cowlitz) which is putting some of this on their parcel search or AUDITOR search records online to download.  The counties (and sometimes libraries) also have paper or microfilm copies.  Here's an example of the auditor records search.  You need to search name State of Washington or Department of Natural Resources or the landowner that you think the state easement crosses (ie Weyerhaeuser)
http://www.co.cowlitz.wa.us/index.aspx?nid=1302
Unfortunately, Cowlitz hasn't put on the older easements yet, but you get the idea.
Be aware these easements change over time, so be sure it is up to date.

Offline fireweed

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Re: Stateland
« Reply #20 on: December 16, 2018, 10:03:39 AM »
The more I dig, the more I find that these old easements could be the "holy grail" of access to public land.  And the DNR has a database of them.  After all, these are open-ended ingress/egress easements to state land. These roads were wide open when the easements were written.  It may take some political backbone, and some research, but the state has a real case here that those roads have recorded easements that anyone can use for access to state land (and no other purpose). Easements don't disappear because some company puts up gates and signs, even after time passes.

Offline JakeLand

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Re: Stateland
« Reply #21 on: December 16, 2018, 05:54:00 PM »
Fireweed keep us informed! Or links so we may ponder on

Offline highhunter

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Re: Stateland
« Reply #22 on: December 16, 2018, 07:28:37 PM »
Fireweed, great work!

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Re: Stateland
« Reply #23 on: December 16, 2018, 07:49:07 PM »
@fireweed
Contact Backcountry Hunters and Anglers or RMEF, this is right up their alley.

I just came across some things yesterday that I need to look into, an old mainline that is now labeled as a private road and has a sign that says “do not enter no access to state timer board lands” and other things that OnX maps needs to correct or there is some serious squatting going on.

Keep up the good work!
My interpretation of the rules are open to interpretation.
Once I thought I was wrong but I was mistaken.

Offline Lumpy Taters

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Re: Stateland
« Reply #24 on: December 16, 2018, 08:50:28 PM »
Depending on where the state land there might be some public access corridors to get you there.  I know up in the toutle valley there is a few places where weyco allows you to pass through. Everything is gated but the main road up to the state land. 

Offline fireweed

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Re: Stateland
« Reply #25 on: December 17, 2018, 09:34:39 AM »
I've talked to the main easement guy at the DNR in Olympia, and the DNR knows all about this "grey" area.  According to him, the issue has not been litigated by the courts, and DNR's internal legal advice changes with the tide.  If we as sportsmen/women could convince the WDFW and DNR to work together on this issue, some real access could be re-opened.  For example, I have found several of these old easements that access to the St. Helens Wildlife Area and the DNR land around it.  The gates may not come down, but the legality of the public using those easement roads to access state land could be confirmed. 

Offline ljsommer

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Re: Stateland
« Reply #26 on: December 17, 2018, 09:45:32 AM »
Regarding the amount of private land in Texas: I am assuming that getting permission to hunt is easier there than it is here, due to political climate differences (good luck getting permission to hunt from a vegan Bernie supporter who thinks the 2nd amendment should be abolished)

Offline cb1989

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Re: Stateland
« Reply #27 on: December 17, 2018, 10:07:51 AM »
Regarding the amount of private land in Texas: I am assuming that getting permission to hunt is easier there than it is here, due to political climate differences (good luck getting permission to hunt from a vegan Bernie supporter who thinks the 2nd amendment should be abolished)

Ha. I got a buddy in Texas... Joe 6pack's not gonna get permission on any good private land down there. Be like trying to get free access to flooded corn up here to hunt ducks. Too much money in it, nobody gives that away. Plus, when's the last time you met a Bernie that owns any land?

Offline DOUBLELUNG

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Re: Stateland
« Reply #28 on: December 17, 2018, 02:18:23 PM »
Regarding the amount of private land in Texas: I am assuming that getting permission to hunt is easier there than it is here, due to political climate differences (good luck getting permission to hunt from a vegan Bernie supporter who thinks the 2nd amendment should be abolished)
Like most of the southeast US as well, Texas is Pay to Play.  Private land is what is known as a deer lease, and the lessee pays the owner by the acre and year for the hunting rights.  Many times hunters will band together as clubs to lease large acreages.

I once worked with a guy who was an avowed antihunter, yet owned a deer lease in Texas as an investment.
As long as we have the habitat, we can argue forever about who gets to kill what and when.  No habitat = no game.

Offline ljsommer

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Re: Stateland
« Reply #29 on: December 17, 2018, 02:29:39 PM »
It makes me sad that this has become such a pay-to-win sport. I just got into it, but my grandpa hunted most of his life and was very poor when he did so, but was able to harvest deer and elk reliably. Now I feel like this is on its way to being a sport for the rich.

 


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