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Originally Posted by rockinbbar
Originally Posted by Dryfly24
Originally Posted by Rock Chuck
The fines involved in this bill are insignificant to people like the Wilkes. If it passes, they'll just pay the fines and keep it locked up. They spend more in a night of drinking that what the fines will be.


Those fines are a joke. We have the same problem here in NM.

There is a place we hunted last year in 27 with very similar drama. One guy actually went so far as to buy strips of land only a few feet wide that run parallel with and between the public access roads and public land just keep people from getting to them. You have to walk for miles around to get to public land bordered by private land strips you could almost jump across. It’s a blatant and known issue made possible by a couple crooked politicians that were bought off by the landowner.

Money talks. Those with the most have the loudest voices.



Owning a survey company in NM for years, I see that's pretty bizarre. I would not have surveyed anything like that, and would have reported it to the state.

It's also against NM state law to even survey, or sell, or convey any tract of land that is landlocked, land locks another tract.

There's also a thing known as "Historical Easement"... If you have used an area of private property as ingress/egress to other land, that access is considered an historical easement, and suit should be brought in district court to turn such pathway into a valid prescriptive easement by district court order.


The whole thing caused a huge to-do here. Happened shortly before I got here but apparently everyone knew the story that hunted there. The politician who was in charge of the area allowed it. Apparently, there was a very limited easement through to the area and he somehow finagled a deal where he allowed the landowner to buy it.

That year the politician was allowed to hunt that same landowner’s ranch. He gets big bucks for big bucks on his property. They told me it was something like the second or third largest buck killed in the state that year. I can’t remember all the details exactly but that’s close enough. He was voted out the following year by sportsmen. A few years later he tried to run again but they handed him his ass again.

Like I said, I’m not form the area so I don’t know the exact story but every single hunter - including my NM friends - we ran into in that particular area knew what had happened and would talk about it. Pissed a lot of people off but the rancher at least got away with it.

Last edited by Dryfly24; 02/11/20.

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Dryfly, he was the NM Land Commissioner?


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Expecting the government to solve a problem is whats wrong with America. When the gooberman gets done neither side will be happy.
Rocky mountain elk or a private state hunters organization should be working on these on an individual basis, win some lose some but do it the right way. Its not a one size meets all scenario, and some landowners will truly be hurt if some politician comes up with a shortest route is the best solution. And making bad laws because of a few assclowns will help no one and won't hurt the assclowns.

Private property rights are what has made America the land of the free, and eminent domain is a pandora's box of troubles hunters don't want to open.


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Originally Posted by rockinbbar
Dryfly, he was the NM Land Commissioner?


Could be. Again I apologize as I don’t know the exact details but it’s very close to what I relayed.

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Just to add, as far as the rancher goes, pretty sure he’s one of the heirs to the Budweiser fortune and he’s been buying up every shred of land he can in the southwest corner of NM. Including all the other privately owned ranches. There is a lady there who’s family has been there forever and when he tried to buy her place she told him he didn’t have enough money to make her sell then told him to GTFOHL... 😁

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If it’s the same parcel Dryfly’ is talking about, yes it was Dunn.

It all happened with one of his “land swaps”.

Originally Posted by rockinbbar
Dryfly, he was the NM Land Commissioner?

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Originally Posted by Dryfly24
Originally Posted by rockinbbar
Dryfly, he was the NM Land Commissioner?


Could be. Again I apologize as I don’t know the exact details but it’s very close to what I relayed.



I did run across a guy that was forbidding easement to adjoining properties... even though they owned to the county road.

He told a couple of those guys that his dad had retained a narrow strip along the road before he sold the land, to keep people from building/living next to his place.

They called me to survey, and there was no such strip of land. He was just lying to them. It took a copy of the survey to him and gave it to him, and told him he was full of schidt.


The guy was in charge of road maintenance for the county, too. He knew better.


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Originally Posted by SLM
If it’s the same parcel Dryfly’ is talking about, yes it was Dunn.

It all happened with one of his “land swaps”.

Originally Posted by rockinbbar
Dryfly, he was the NM Land Commissioner?



Pretty sure it’s GMU 26/27.

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Originally Posted by SLM
If it’s the same parcel Dryfly’ is talking about, yes it was Dunn.

It all happened with one of his “land swaps”.

Originally Posted by rockinbbar
Dryfly, he was the NM Land Commissioner?




Aubrey Dunn Jr.

I knew him and Sr... smile

They were from Llano County, Texas originally.


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Originally Posted by rockinbbar
Originally Posted by Dryfly24
Originally Posted by rockinbbar
Dryfly, he was the NM Land Commissioner?


Could be. Again I apologize as I don’t know the exact details but it’s very close to what I relayed.



I did run across a guy that was forbidding easement to adjoining properties... even though they owned to the county road.

He told a couple of those guys that his dad had retained a narrow strip along the road before he sold the land, to keep people from building/living next to his place.

They called me to survey, and there was no such strip of land. He was just lying to them. It took a copy of the survey to him and gave it to him, and told him he was full of schidt.


The guy was in charge of road maintenance for the county, too. He knew better.


This fuggin guy goes as far as to ride around on the county road during the season and whenever he sees a truck he’ll stop them and tell them he owns the strip and they are not allowed to cross. It borders on hunter harassment.

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I was threatened with violence on a county road once by a land owner.


Turns out she did not want to be the first to die, and it was indeed.......a county road.


She was very sorry and I could continue on my way.


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Wish you would have kept Jr. in TX.

Originally Posted by rockinbbar
Originally Posted by SLM
If it’s the same parcel Dryfly’ is talking about, yes it was Dunn.

It all happened with one of his “land swaps”.

Originally Posted by rockinbbar
Dryfly, he was the NM Land Commissioner?




Aubrey Dunn Jr.

I knew him and Sr... smile

They were from Llano County, Texas originally.

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Private land is, well, private, so the owner has the right to either allow people to trespass or bar them from doing so.

If a governmental entity wants to compel a land owner to allow the public to trespass on his/her property, the government could go to court and attempt toe seize it via eminent domain law.

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Originally Posted by Jim_Conrad
I get a kick out of "public land owner" types.


You dont have any rights to that land. Just go ask some overzealous BLM or Reclamation type.




A guy I used to hunt with was one of those "my public lands" types (an uber liberal BHA supporter) from Idaho. Every time he'd start up with the "I'm a public land owner" diatribes I'd let him vent then remind him that I'm a lawyer and I'd like to see the deed to public lands he claims to own and ownership is legally defined as the exclusive right to control the thing owned, which is at odds with the notion of public lands. One day, I had had enough of his crap and told him that I was also a public land owner and since I paid more taxes than he did, I get first rights to any animals. That was the last time I talked to him.


Eliminate qualified immunity and you'll eliminate cops who act like they are above the law.
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The states attorney general should be contacted, when elected officials abuse their power over citizens and land owners alike. Fraud is fraud and should be prosecuted.

Hunters them selves have burned a lot of bridges with land owners over the years, and most land owners have memories like elephants, once scorned they never forget !


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Originally Posted by rockinbbar
Originally Posted by Idaho_Shooter
No person has the right to trespass upon another's property. Prove an existing easement. Or buy a right of way.


Originally Posted by Idaho_Shooter
If the public has enough interest in the matter, ROW could be granted by the court through Eminent Domain.


Agreed on both counts.

Private property rights HAVE to mean something.

If eminent domain is used and proven in a court of law, as it has to be, then the landowner is compensated a fair market value.

Originally Posted by rockinbbar
Originally Posted by Dryfly24
Originally Posted by Rock Chuck
The fines involved in this bill are insignificant to people like the Wilkes. If it passes, they'll just pay the fines and keep it locked up. They spend more in a night of drinking that what the fines will be.


Those fines are a joke. We have the same problem here in NM.

There is a place we hunted last year in 27 with very similar drama. One guy actually went so far as to buy strips of land only a few feet wide that run parallel with and between the public access roads and public land just keep people from getting to them. You have to walk for miles around to get to public land bordered by private land strips you could almost jump across. It’s a blatant and known issue made possible by a couple crooked politicians that were bought off by the landowner.

Money talks. Those with the most have the loudest voices.



Owning a survey company in NM for years, I see that's pretty bizarre. I would not have surveyed anything like that, and would have reported it to the state.

It's also against NM state law to even survey, or sell, or convey any tract of land that is landlocked, land locks another tract.

There's also a thing known as "Historical Easement"... If you have used an area of private property as ingress/egress to other land, that access is considered an historical easement, and suit should be brought in district court to turn such pathway into a valid prescriptive easement by district court order.


rockin',

as a surveyor you have it right for sure.

But the major problem with turning a historical easement into a prescriptive type can be money to take it to court, especially against large developer or "rancher" types.

Not a ranch, but a place I lived in NorCal had a levy along the river folks had used for many many years as a path to fishing spots and for walking their dogs. New landowner bought the pastures behind the levy, found out the property went to the mean high water line or some such, and attempted to close the levy to the locals. It took a couple of years in court as I recall, but the public ended up winning that one. Apparently the new owner wasn't a multi-billion dollar corporation that could tie it up forever in appeals and such.

You likely know the "rules" on those historical ROWs goes back centuries, English common law if I'm not mistaken. Unfortunately, that doesn't mean the folks using it will prevail.

Kinda sucks to be locked out of places one has been going to for years, on a historical right of way, and then not have the money to fight it in court. But such is life at times.

Geno


The desert is a true treasure for him who seeks refuge from men and the evil of men.
In it is contentment
In it is death and all you seek
(Quoted from "The Bleeding of the Stone" Ibrahim Al-Koni)

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Originally Posted by SLM
Wish you would have kept Jr. in TX.


Sr. was an okay guy. Did a lot of land developmental survey work for him in High Rolls, NM. He was just a businessman. Had to move to NM due to health reasons, for the drier climate.

Never thought much of Jr. I always thought the only interests he looked after was his own.


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Originally Posted by Remsen
Originally Posted by Jim_Conrad
I get a kick out of "public land owner" types.


You dont have any rights to that land. Just go ask some overzealous BLM or Reclamation type.




A guy I used to hunt with was one of those "my public lands" types (an uber liberal BHA supporter) from Idaho. Every time he'd start up with the "I'm a public land owner" diatribes I'd let him vent then remind him that I'm a lawyer and I'd like to see the deed to public lands he claims to own and ownership is legally defined as the exclusive right to control the thing owned, which is at odds with the notion of public lands. One day, I had had enough of his crap and told him that I was also a public land owner and since I paid more taxes than he did, I get first rights to any animals. That was the last time I talked to him.


there you go, showing your "heritage" again grin

and your education to boot.

Geno


The desert is a true treasure for him who seeks refuge from men and the evil of men.
In it is contentment
In it is death and all you seek
(Quoted from "The Bleeding of the Stone" Ibrahim Al-Koni)

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Originally Posted by Valsdad
Originally Posted by Remsen
Originally Posted by Jim_Conrad
I get a kick out of "public land owner" types.


You dont have any rights to that land. Just go ask some overzealous BLM or Reclamation type.




A guy I used to hunt with was one of those "my public lands" types (an uber liberal BHA supporter) from Idaho. Every time he'd start up with the "I'm a public land owner" diatribes I'd let him vent then remind him that I'm a lawyer and I'd like to see the deed to public lands he claims to own and ownership is legally defined as the exclusive right to control the thing owned, which is at odds with the notion of public lands. One day, I had had enough of his crap and told him that I was also a public land owner and since I paid more taxes than he did, I get first rights to any animals. That was the last time I talked to him.


there you go, showing your "heritage" again grin

and your education to boot.

Geno


It's a bad habit...but this guy was as white and goyische as they get, so his politics would definitely earn him the Bolshevik moniker from some here.


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I hope Idaho paves the way and sets precedent for “sportsman’s rights”. Surrounding public lands with private property as a means of locking out the people from THEIR land is wrong and needs to be fixed. Private landowners that are able to acquire large or small “strips” of land that border public land in order to deny access to it is, in essence, their way of stealing PUBLIC land for their own greedy corporate and/or personal use. Those ass holes have the money to buy politicians and the ability to tie up the state, the feds and individuals with years and years of litigation. ALL PUBLIC LAND should have reasonable areas of access for hunters and outdoorsmen with the number of access points being dictated by the geography and the size of the public land in question. If the landowners that have locked out public lands aren’t willing to come to an agreement then the application of eminent domain is warranted. Private property is a rather unique and sacred principle in the US that allows one to keep people off of the owners property BUT when it’s used (abused) to keep people off of THEIR own property then it’s an egregious abuse of the law or statutes and needs to be remedied. Anyone that bought private land that borders public land, public land that existed as public before the purchase, should be fair game when considering possible locations for easements. It’s like people that buy a house next to an airport and then complain about the noise.

Your freedom ends when it infringes upon my freedom.


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