Stateland

[elkfins]

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)

Not the case.  Productive hunting land is a big business down there via Leases and outfitters.

[cb1989]

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.

That's why quality, accessible public land is so important.

[Samloffler]

Any updates on this? I spent some time today trying to locate easements for some state ground in Benton county but couldnt find anything. I don't think I'm looking in the right places.

The closest I could get was the legal descriptions on the assessor's site referencing easement dates, but couldn't find the actual easement anywhere. I looked on the county website and the DNR website.

If anyone would give me some guidance on how to find the actual easement that would be great.

[fireweed]

Any updates on this? I spent some time today trying to locate easements for some state ground in Benton county but couldnt find anything. I don't think I'm looking in the right places.

The closest I could get was the legal descriptions on the assessor's site referencing easement dates, but couldn't find the actual easement anywhere. I looked on the county website and the DNR website.

If anyone would give me some guidance on how to find the actual easement that would be great.

Go to the local DNR office with the Section-Township-Range date etc. of the parcel and the road number that you want.  They have a database.  If they don't have the specifics on the easement language, try to get the Book/Volume and Page number it is recorded on, or an "auditor file number". Sometimes a neighboring property (that also uses the road) that has recently been sold will have that in a title report that might be online with references to an easement.  Go back to county with the auditor Number or the Volume/Page the easement is recorded on. You can also ask the county folks how to look it up in their books but at a minimum you need the Sect/Twnship/Range to start with and date always helps. 

[Samloffler]

Thanks for the info. I'll write a few of them down and get some info this winter/spring from the offices.

[fishnfur]

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.

I agree with Fireweed on this one.  I'm sure you are required to stay within the confines of the easement as you pass.  Most of these were deeded a long time ago with no intent to limit access to hunters or others.  It was all legal-eze for allowing tree harvests on State owned landlocked parcels.  Many of the deeds for easements were sold for a dollar, or some insignificant amount that satisfied the court's definition of a sale.

The easements that Weyco uses to cross private properties that they've sold more recently (say in the last 50 years) on the edges/borders of county roads are more specific, I believe, and require the landowner (or subsequent purchaser of that parcel) who purchased the land from Weyco, to allow loggers access to lands now landlocked subsequent to those sales.  These types of easements are not likely open for public access into Weyco and deeper in DNR lands, if present. 

[fireweed]

So a quick update:
I wrote up my findings and sent it out to a few folks; Backcountry Hunters/Anglers, and Olympic Peninsula Org, and a state contact.  I heard virtually nothing back.  When contacting State Rep. Brian Blake about another issue, I brought the access easement to state land issue up and he replied that they were "working on it". 
Through the grapevine yesterday I learned that the DNR is indeed working on this.  Lawyers are getting involved.  Weyerhaeuser, which I used as an example, is pushing back hard.  They are claiming that the easements are for forestry only.  My big fear now is that the DNR will chicken out and drop the issue, kowtowing to Big W's big influence.  Everything is still quiet, and this "story" might not sit well with industry if it gets out.  Maybe we should make sure it isn't buried.

[Stein]

Yeah, those deeds could very well get updated with different language if the DNR decides to cut some sort of deal or succumb to the pressure I am sure they are getting.  I wish we could somehow apply pressure to at least balance it out.

Have you sent information to other parties than you have listed above?  Randy Newberg comes to mind, I am sure there are others with more of an audience than we have here.

[grade-creek-rd]

OK. "stupid" question time...but if the easements are updated to "forestry only" or for "timber purposes only" then if I plan on going to the state land to collect my firewood for the winter, which is a timber product and I am allowed to do, even for non-commercial purposes, then would I be OK to use that easement...happens to be deer season and I get a buck and throw it onto the woodpile in my truck...I actually saw this last fall in the Toutle area when we were passing through to my son's Mudflow elk permit. Kinda cool as it was a grandpa, dad, and grandkids out getting firewood. They had a small 2 pt on the wood pile and when I talked to the dad he said his son got his deer the day before while they were out collecting their firewood.

Grade

[fireweed]

Nowadays they are very careful to lay out exactly what the easements are for and they specifically say "no public rights are created". If the DNR is leveraged/buffaloed/threatened with lawsuits by the timber industry you can bet if the easement wording is changed it will be iron-clad in favor of big timber.  The only hope is that the state and DNR hold its ground, even through a lawsuit or threat of lawsuit.  Grays Harbor county, for example, folded rather quickly when the timber industry threatened to sue them over the tax breaks issue.  That poorer county simply did not have the resources to fight it out in court.  Hope the state sticks up for us better.

[OutHouse]

All I can say as have others is read the easement carefully. If it is only for the grantee that excludes everyone else. County auditor is a good place to start but you will need the filing number. If you have the parcel number that you want to cross you could have a title company give you all easements or records affecting the parcel. You may want to ask them for any and all plat maps that have been filed with the county. These plat maps can also contain and/or create easements designated thereon. If you see an easement analyze the language carefully and sometimes there will be further language affecting the easement in the fine print on the right side of the plat map. Be wary of "for ingress and egress" as that may not include the public. The most clear language I have seen is "public access easement".

[OutHouse]

Also, if anyone has any specific easement language they want looked at I'd be happy to do so. I have done some work with easements and public dedications etc.. and can lend some advice.

[wooltie]

So a quick update:
I wrote up my findings and sent it out to a few folks; Backcountry Hunters/Anglers, and Olympic Peninsula Org, and a state contact.  I heard virtually nothing back.  When contacting Brian Blake about another issue, I brought the access easement to state land issue up and he replied that they were "working on it". 
Through the grapevine yesterday I learned that the DNR is indeed working on this.  Lawyers are getting involved.  Weyerhaeuser, which I used as an example, is pushing back hard.  They are claiming that the easements are for forestry only.  My big fear now is that the DNR will chicken out and drop the issue, kowtowing to Big W's big influence.  Everything is still quiet, and this "story" might not sit well with industry if it gets out.  Maybe we should make sure it isn't buried.

Who did you write to at BHA?  The WA chapter?

[fireweed]

So a quick update:
I wrote up my findings and sent it out to a few folks; Backcountry Hunters/Anglers, and Olympic Peninsula Org, and a state contact.  I heard virtually nothing back.  When contacting Brian Blake about another issue, I brought the access easement to state land issue up and he replied that they were "working on it". 
Through the grapevine yesterday I learned that the DNR is indeed working on this.  Lawyers are getting involved.  Weyerhaeuser, which I used as an example, is pushing back hard.  They are claiming that the easements are for forestry only.  My big fear now is that the DNR will chicken out and drop the issue, kowtowing to Big W's big influence.  Everything is still quiet, and this "story" might not sit well with industry if it gets out.  Maybe we should make sure it isn't buried.

Who did you write to at BHA?  The WA chapter?

yes

[fireweed]

All I can say as have others is read the easement carefully. If it is only for the grantee that excludes everyone else. County auditor is a good place to start but you will need the filing number. If you have the parcel number that you want to cross you could have a title company give you all easements or records affecting the parcel. You may want to ask them for any and all plat maps that have been filed with the county. These plat maps can also contain and/or create easements designated thereon. If you see an easement analyze the language carefully and sometimes there will be further language affecting the easement in the fine print on the right side of the plat map. Be wary of "for ingress and egress" as that may not include the public. The most clear language I have seen is "public access easement".

Nothing I have run into says the easement is for public access specifically.  However, I have found one county easement to public land "for all road purposes" that is posted and closed.  Most of the language says "the easements are conveyed for the purposes of reconstruction, use, and maintenance of said existing roads for the purpose of providing access to and from lands now owned or hereafter acquired by the parties hereto."  The parties being the state of Washington and a timber company.  These easements are also described as permanent, divisible, and non-exclusive".  I concede that the STATE can limit who uses their easement, and how it is used, but if the state decides that the public can use it, say for walk in access to state land, I don't see how the timber co. can legally object.  After all, the shoe is already on the other foot, and timber companies are selling access on these same roads to their permit holders, who then can drive through or to state land on these  roads.  Why doesn't the state enjoy the same rights?  The official line I've gotten from the DNR so far is that it is a "grey area".