Getting to BLM land or state land via private property? (Alamogordo: lawyer, closing)

[Hunter Wold]

I have done some research regarding getting to public land via crossing a private road and it seems in NM that one cannot cross "any type" of private land to get to like: BLM/state lands?

The land owner will not let anyone cross his road like at an intersection to get to the public land for like hunting/fishing! the only other access is to drive about 10 miles around

Does anyone have the rule in NM re: this...I also looked at the Fish and game rules but not able to find any definite rule.

Thanks,
HW

[joqua]

Originally Posted by Hunter Wold

Does anyone have the rule in NM re: this...I also looked at the Fish and game rules but not able to find any definite rule.

I say this without the knowledge of law but I believe as long as the road is truly private, the landowner has every right to have a locked gate across it and prevent trespassing. If there is a history of use by the public, there may be legal redress if one is suddenly denied access. Another factor is whether the road has ever been maintained by the county (ie; taxpayer funding).

[ognend]

Originally Posted by Hunter Wold

I have done some research regarding getting to public land via crossing a private road and it seems in NM that one cannot cross "any type" of private land to get to like: BLM/state lands?

The land owner will not let anyone cross his road like at an intersection to get to the public land for like hunting/fishing! the only other access is to drive about 10 miles around

Does anyone have the rule in NM re: this...I also looked at the Fish and game rules but not able to find any definite rule.

Thanks,
HW

I never quite understood this logic. There is a 5500 acre ranch near where we live and it used to be hunting grounds open to the public (but private owned). It changed hands and the new owner put up a big fence (he is a true conservationist) and banned everyone from trespassing and hunting. Believe it or not, he got sued (he won naturally). But I don't get the logic though - it is private land, if the owner says you are out, you are out (unless there is an easement of some sort in the books). I am not a lawyer but I would say, drive the 10 miles

On the other hand, there was a similar case in Florida and the public won...
OD

[Chilegal1]

Originally Posted by Hunter Wold

I have done some research regarding getting to public land via crossing a private road and it seems in NM that one cannot cross "any type" of private land to get to like: BLM/state lands?

The land owner will not let anyone cross his road like at an intersection to get to the public land for like hunting/fishing! the only other access is to drive about 10 miles around

Does anyone have the rule in NM re: this...I also looked at the Fish and game rules but not able to find any definite rule.

Thanks,
HW

HW, yes that is the law. My friend in Alamogordo was challenged with this, and he is in the right. He does not have to let anyone cross his properity to get to the BLM land - there are other ways to get in. He and the neighbors are tired of getting all the trash left around.

[joqua]

Originally Posted by Chilegal1

He and the neighbors are tired of getting all the trash left around.

There was a time when it wasn't a problem crossing private ranch lands. But as time wore on, ranchers got tired of having their windmills and watering tanks shot full of holes, fence wire cut, gates left open, and other acts of negligence or outright vandalism. Just another case of a few bad apples spoiling it for everyone else.

In my area in recent years the BLM and Forest Service have both tried to shut down side roads that were being used for off-roading by people who have no regard for what their ATVs do to the land. But just closing roads doesn't always prevent continuing abuses and enforcement is a real challenge.

[GregW]

HW - Have you tried asking the landowner for permission for you and selected guests to use the road for access? The owner may be willing to give permission for a few but not for the general public.

[Hunter Wold]

Well actually, after further investigation the landowners land is between BLM land and state land.
So, he blocked the BLM road as it is the first road in, then the road gets to private land then a little further on the road becomes state land.
The Landowner is a real no a very nasty person. So NO Way he would give a billy goat permission to travel over his part of the road. Seems like a really weird way to divide up property with a 100 feet strip between the BLM land and the state land.

I don't need the hassel of this situation.

[GregW]

If it is that important check with the county clerk (whoever keeps the registry of deeds) and see if the State or the BLM has a right of way across the 100 ft piece of private property. If they do and the owner still refuses use complain to the owner of the ROW.