Game warden runs into rock on a section line. Farmer in trouble

Pages

434 posts / 0 new
Last post
westwolfone's picture
westwolfone
Offline
Joined: 7/2/08

six miles square huh?

Must use bigger sections in North Dakota.

I wonder how big an acre is?

 

westwolfone's picture
westwolfone
Offline
Joined: 7/2/08

six miles square huh?

Must use bigger sections in North Dakota.

I wonder how big an acre is?

 

fisherman25's picture
fisherman25
Offline
Joined: 11/26/10

They're opening a can of worms there. Do you guys realize how many rock piles there are on section lines? Fence lines? How long have some of those rocks been there? Since homesteaders?

What if the rocks were that of an Indian Burial Ground? Who are they going to prosecute then?

Piss poor decision by the state to punish one individual that is doing the same as the majority because some fool had an adrenaline rush because he gets his rocks off on his position of authority.

Crackshot.'s picture
Crackshot.
Offline
GREENHORN
Joined: 7/14/09

Just hope the state isn't sending a message , By law I suppose they could force everyone to cleanup and "obey" if an easement was signed. 

 

 

 

Life is good
 

 

 

 

fisherman25's picture
fisherman25
Offline
Joined: 11/26/10

That would just result in a war among landowners, the state and sportmen that would leave a bad result for all in the end.

Crackshot.'s picture
Crackshot.
Offline
GREENHORN
Joined: 7/14/09

 

fisherman25 Said:
That would just result in a war among landowners, the state and sportmen that would leave a bad result for all in the end.

You got that right.    

 

 

 

Life is good
 

 

 

 

weedy1's picture
weedy1
Offline
Joined: 9/26/12

Glad the section line spacing thing got cleared up.  I checked the internet for the topic of ND section lines and found a nice document put out by NDSU.  Very informative and clearly written based on the interpretation of ND Century Code Section 24-12-02.  Cleared up a lot of the fuzziness I felt after reading prior comments.

Basically, Mr. Bear violated the law by placing the rock within the 66 foot wide roadway right of way.  Had it been a naturally occurring obstacle he would not have been responsible, but that is not the case as he volunteered in his letter.  The warden's actions may have contributed to the accident, but when one party violates the law they normally are responsible for the damage. 

The insurance issue is moot.  ND has an insurance fund that all state agencies contribute to.   There is no insurance company involved  When a state employee causes damage and it is determined to be at fault the fund covers that liability.  We as tax payers would then pay that bill.  In liability issues the legal questions typically involve the ND Attorney Generals staff for a determination.  The other party can bring legal action against the state if they feel the determination is wrong and are so inclined.  If the issue proceeds to court the state employee is defended by that Attorney General's staff.  I don't think anyone who violated state law would have a leg to stand on in a court action.

There are may individuals who routinely violate state law involving section lines.  There are many drivers who speed, roll through stop signs, and break other driving regulations on a routine basis.  In both situations you normally don't get pegged for those violations until someone's property or life is damaged due to those actions.

The document also covers the topic of "closed" section lines where there has been a governmental determination that the 66 foot wide access right of way can be used for other purposes.  This would answer the question asked earlier about section lines through cities.

The document reads pretty easy and is very informative if you want to check it out.

Weedy

Foamit's picture
Foamit
Offline
Joined: 12/7/13

 where are (were) most of the tree lines in nd??? 

are (were) the land owners just following the letter of the law???

be careful what you wish for... 

fisherman25's picture
fisherman25
Offline
Joined: 11/26/10

So are bales in the ROW illegal? Can one not hay the section lines and drop their bales? That would be fun driving down all the section lines with 5 foot tall grass.

Dick McFiddleton's picture
Dick McFiddleton
Offline
Joined: 4/9/14

 If i wreck my vehicle going 50 on a section line i would say some swear words then have some stiff drinks.  If i see a warden hit a rock i buy the whole bar a round  !

Crackshot.'s picture
Crackshot.
Offline
GREENHORN
Joined: 7/14/09

 

fisherman25 Said:
So are bales in the ROW illegal? Can one not hay the section lines and drop their bales? That would be fun driving down all the section lines with 5 foot tall grass.

 If push came to shove , That's about what would happen ,  The Township would have to spray weeds , maintain and  mow the right of way , Or worse shut them down .    This is a pretty big can of worms .

 

 

 

Life is good
 

 

 

 

kasey's picture
kasey
Offline
Joined: 1/15/06

 Does anyone know the speed limit on section lines? I'm going to be hunting this fall.

 

weedy1's picture
weedy1
Offline
Joined: 9/26/12

Foamit Said:
 where are (were) most of the tree lines in nd??? 

are (were) the land owners just following the letter of the law???

be careful what you wish for... 

I don't know of any tree rows that were planted in fields that weren't receiving some type of government cost share and the assistance of the local soil conservation district.  The district staff are typically aware of local laws and have experience with such situations.  I know in the past many shelter belts were planted on the section line and the planting would not happen without a document signed by both landowners if two were involved.  They also had to provide a consent form from the township board if they had that authority, or the county commission if the township did not feel they had the authority. 

Unfortunately, more tree rows are being removed than planted these days.  Cost share programs have decreased funding for this conservation practice.  Most trees being planted now are for protecting new residential developments than anything else.

To answer fisherman25's question about hay bales, the NDSU document mentioned earlier says the local government unit can develop regulations concerning this issue.  I would imagine most allow the bales to be dropped and picked up within a defined time period.  Bales dropped in freshly cut areas certainly would be easy to see 

Weedy

gst's picture
gst
Offline
GREENHORN
Joined: 3/12/09

Plainsman Said:

gst Said:

TCRenagade Said:
Lets get one thing clairified here.  The "section line" isn't a line like you see down the middle of a paved road.  It's the area of land 66 feet wide between two sections.  Obstructions anywhere in that area could be considered as blocking.

A 3 foot by 4 foot rock "blocking" a 66 foot strip of land?? Sounds like the Vikings line trying to "block".

So what if this 66 foot section line is covered by a 200 foot wide slough and people are driving out in seeded crop on private land around the slough to get down the "section line"? Who does one call to get "reimbursed"?

So if I am driving down the road watching a pretty girl riding horse out in the pasture along side the road not paying attention and smack into one of the G&F dept's deer who do I call to get reimbursed?

Christ almighty this was stupid.

Most of us are familiar with you thinking you need to tell us the way things are.  However, do you really think Christ doesn't have the right idea?  Perhaps you were speaking as to a son. 

And here I thought all I did was ask questions?

Bruce I would guess it was pretty clear for everyone, but I'll explain it for you.

I thought it was pretty "stupid" for the supervisor to press charges. "Christ almighty" was merely an expression.

But then I think it is "stupid" to press charges for someone "piling ducks".

I am curious for those jumping on the farmer here, if you came to a slough that covered the entire 66 feet of the section line would you drive around it or not?

fisherman25's picture
fisherman25
Offline
Joined: 11/26/10

Ready....here it goes...I'll make sure all our "no hunting and trespassing" signs (unsigned) are outside the section line easement so nobody hits them. 😮

Dick McFiddleton's picture
Dick McFiddleton
Offline
Joined: 4/9/14

 All these stupid little rules everyone worries about is bogus.  Either u got permission to hunt or u dont.  

WellArmed's picture
WellArmed
Offline
GREENHORN
Joined: 3/9/09

 

skoalongcut Said:
 Easy solution. Don't drive like a dumb ass. It was a rock. Not like it jumped out in front of him.

That's like saying "guy shouldn't have slammed on his brakes" after someone rear ends someone.  
 
Yeah...maybe he shouldn't have slammed on his brakes, but the fact the guy rear ended him trumped the stupidity of slamming on brakes.
 
In this case, the dumbass farmer (if he intentionally put the rock there), trumps the dumbass warden for not paying attention.  

So...I think he should be sued.  

If you were a badminton ace, I think this would be a good bumper sticker:  "Suck my Shuttlecock" 

 

 

 

Foamit's picture
Foamit
Offline
Joined: 12/7/13

 

weedy1 Said:

Foamit Said:
 where are (were) most of the tree lines in nd??? 

are (were) the land owners just following the letter of the law???

be careful what you wish for... 

I don't know of any tree rows that were planted in fields that weren't receiving some type of government cost share and the assistance of the local soil conservation district.  The district staff are typically aware of local laws and have experience with such situations.  I know in the past many shelter belts were planted on the section line and the planting would not happen without a document signed by both landowners if two were involved.  They also had to provide a consent form from the township board if they had that authority, or the county commission if the township did not feel they had the authority. 

Unfortunately, more tree rows are being removed than planted these days.  Cost share programs have decreased funding for this conservation practice.  Most trees being planted now are for protecting new residential developments than anything else.

To answer fisherman25's question about hay bales, the NDSU document mentioned earlier says the local government unit can develop regulations concerning this issue.  I would imagine most allow the bales to be dropped and picked up within a defined time period.  Bales dropped in freshly cut areas certainly would be easy to see 

ok, so what happens to the legality of section line row??? is it now gone, or did it move??? to which side??? is it posted or stated for the sportsman??? did the 66' easement now transfer from two landowners to one??? is the one who is now unencumbered paid by the other landowner or state for the acreage gained??? 

Obi-Wan's picture
Obi-Wan
Offline
GREENHORN
Joined: 1/13/12

Has Mr. Bear had any complaints against him, run in with hunters,  or with blocking sections lines prior to this incident? 

It sure would be nice to hear the wardens side or the hunters in the field at the time. 

Dick McFiddleton's picture
Dick McFiddleton
Offline
Joined: 4/9/14

 Well armed lick my taint

WellArmed Said:
 
skoalongcut Said:
 Easy solution. Don't drive like a dumb ass. It was a rock. Not like it jumped out in front of him.

That's like saying "guy shouldn't have slammed on his brakes" after someone rear ends someone.  
 
Yeah...maybe he shouldn't have slammed on his brakes, but the fact the guy rear ended him trumped the stupidity of slamming on brakes.
 
In this case, the dumbass farmer (if he intentionally put the rock there), trumps the dumbass warden for not paying attention.  

So...I think he should be sued.  

odocoileus's picture
odocoileus
Offline
Joined: 12/30/06

Obi-Wan Said:
Has Mr. Bear had any complaints against him, run in with hunters,  or with blocking sections lines prior to this incident? 

It sure would be nice to hear the wardens side or the hunters in the field at the time. 

Agreed. Seems to be a one-sided story. Not saying it isn't all true. Just would like to hear both sides.

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed

Go afield with a good attitude, with respect for the wildlife you hunt and for the forest and fields in which you walk.  Immerse yourself in the outdoor experience. It will cleanse your soul and make you a better person. -Fred Bear-
 

Plainsman's picture
Plainsman
Offline
AMATEUR
Joined: 6/19/03

I would not drive around the wetland.

As for jumping  on the farmer it looks about even jumping on warden/farmer to me.  I wormed with Don for a year and enjoyed it.  I have talked to Pollert a couple of times and liked him.  I'm not taking any side I get along with both.  Unfortunate incident all the way around.

gst Said:

Plainsman Said:

gst Said:

TCRenagade Said:
Lets get one thing clairified here.  The "section line" isn't a line like you see down the middle of a paved road.  It's the area of land 66 feet wide between two sections.  Obstructions anywhere in that area could be considered as blocking.

A 3 foot by 4 foot rock "blocking" a 66 foot strip of land?? Sounds like the Vikings line trying to "block".

So what if this 66 foot section line is covered by a 200 foot wide slough and people are driving out in seeded crop on private land around the slough to get down the "section line"? Who does one call to get "reimbursed"?

So if I am driving down the road watching a pretty girl riding horse out in the pasture along side the road not paying attention and smack into one of the G&F dept's deer who do I call to get reimbursed?

Christ almighty this was stupid.

Most of us are familiar with you thinking you need to tell us the way things are.  However, do you really think Christ doesn't have the right idea?  Perhaps you were speaking as to a son. 

And here I thought all I did was ask questions?

Bruce I would guess it was pretty clear for everyone, but I'll explain it for you.

I thought it was pretty "stupid" for the supervisor to press charges. "Christ almighty" was merely an expression.

But then I think it is "stupid" to press charges for someone "piling ducks".

I am curious for those jumping on the farmer here, if you came to a slough that covered the entire 66 feet of the section line would you drive around it or not?

yote22's picture
yote22
Offline
GREENHORN
Joined: 6/27/06

Well said Chet!  

ChetSpilunkey Said:
 Well armed lick my taint
WellArmed Said:
 
skoalongcut Said:
 Easy solution. Don't drive like a dumb ass. It was a rock. Not like it jumped out in front of him.

That's like saying "guy shouldn't have slammed on his brakes" after someone rear ends someone.  
 
Yeah...maybe he shouldn't have slammed on his brakes, but the fact the guy rear ended him trumped the stupidity of slamming on brakes.
 
In this case, the dumbass farmer (if he intentionally put the rock there), trumps the dumbass warden for not paying attention.  

So...I think he should be sued.  

 

Allen's picture
Allen
Offline
GREENHORN
Joined: 1/9/02

gst Said:

I am curious for those jumping on the farmer here, if you came to a slough that covered the entire 66 feet of the section line would you drive around it or not?

I believe that either case law or actual written law has been used to allow for reasonable deviations off the section line to go around obstacles.  There would be an awful lot of "closed" section lines in ND if there weren't deviations in the established trail.  Often times through posted lands, and I don't know of any examples of people being successfully prosecuted for trespass by going around the obstacle.

“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” ~ Mark Twain

Deerwatcher's picture
Deerwatcher
Offline
GREENHORN
Joined: 11/30/02

If the section line is obstructed by natural causes you can not leave the 66' ROW. As a land survivor we have gone around and paid the price also a buddy  got an of trail ticket for going around a slough on a solid dirt trail that's been that way as long as anyone can remember. 

kitchenpass's picture
kitchenpass
Offline
Joined: 11/30/05

 So, if I run into a wardens vehicle on a section line I can sue him for placing it there?

Dick McFiddleton's picture
Dick McFiddleton
Offline
Joined: 4/9/14

 Back say 15 to 20 years ago no one worried about all this crap.  We just went hunting.  Now we have less quality and more rules and more dbags.  

Foamit's picture
Foamit
Offline
Joined: 12/7/13

 at the end of the day, if you are going onto posted land (OWNED BY OTHERS WHO DON'T WANT YOU THERE) ,and find it posted, please go somewhere else... 

does this really need to be this complicated???

SOMEONE ELSE OWNS IT!!!

THEY BOUGHT IT!!!

THEY PAY TAXES ON IT!!!

THEY INSURE IT AGAINST PEOPLE LIKE YOU WHO WILL SUE THEM FOR SOMETHING STUPID!!! 

THIS IS AMERICA!!!      IF YOU WANT SOME PRIME HUNTING LAND TO HUNT... GO BUY IT!!!!!!!!!!

DON'T EXPECT ME TO BUY IT FOR YOU!!!!!!!!!!!!

Dick McFiddleton's picture
Dick McFiddleton
Offline
Joined: 4/9/14

Umm at the current prices of land a nuclear pharmacist couldnt afford to buy land.

Foamit Said:
 at the end of the day, if you are going onto posted land (OWNED BY OTHERS WHO DON'T WANT YOU THERE) ,and find it posted, please go somewhere else... 

does this really need to be this complicated???

SOMEONE ELSE OWNS IT!!!

THEY BOUGHT IT!!!

THEY PAY TAXES ON IT!!!

THEY INSURE IT AGAINST PEOPLE LIKE YOU WHO WILL SUE THEM FOR SOMETHING STUPID!!! 

THIS IS AMERICA!!!      IF YOU WANT SOME PRIME HUNTING LAND TO HUNT... GO BUY IT!!!!!!!!!!

DON'T EXPECT ME TO BUY IT FOR YOU!!!!!!!!!!!!

SHORTHAIRSRUS's picture
SHORTHAIRSRUS
Offline
GREENHORN
Joined: 11/24/04

How did we get to this deviation foam? Not sure what to think about rock what about a big hole left by a farmers wheel or another hunter. Where do draw the line

Stay thirsty my friends

Pages