BLM is seeking comment on public land with no legal access

[PatricL]

BLM is looking to identify lands that have no legal access. Because a lot of BLM land (in the west) came from land swaps with the railroad companies there are a lot of "Sections" that are landlocked by private lands. The adjacent owners often restrict access and use these lands as their own.

If you know of any of these areas you have one month to let the BLM know about them. See this link. Bureau of Land Management Seeks Help Increasing Access to Public Lands | Bureau of Land Management

 

[PNW EXPLR]

BLM is looking to identify lands that have no legal access. Because a lot of BLM land (in the west) came from land swaps with the railroad companies there are a lot of "Sections" that are landlocked by private lands. The adjacent owners often restrict access and use these lands as their own.

If you know of any of these areas you have one month to let the BLM know about them. See this link. Bureau of Land Management Seeks Help Increasing Access to Public Lands | Bureau of Land Management

Hey, thanks for the heads up. There is a lot of landlocked BLM land in wyoming.

 

[M Rose]

Hey, thanks for the heads up. There is a lot of landlocked BLM land in wyoming.

Along with right here in the PNW

 

[Munga Brown]

I'm not knowing. I hope folks that know of some will respond!

I just went to FB and shared this with all my off-road & overland groups. Thanks for the heads up, Patric!

 

[velo47]

Last year, I think, OnXmaps and TRCP mapped the inaccessible public lands in the western states. The amount of land is staggering, 6.35 million acres in 11 states! This represents land that is completely inaccessible without surrounding landholder permission (or air support). I'm sure they have or will provide this info to BLM.

 

[Road]

BLM is looking to identify lands that have no legal access. Because a lot of BLM land (in the west) came from land swaps with the railroad companies there are a lot of "Sections" that are landlocked by private lands. The adjacent owners often restrict access and use these lands as their own.

If you know of any of these areas you have one month to let the BLM know about them. See this link. Bureau of Land Management Seeks Help Increasing Access to Public Lands | Bureau of Land Management

.

This is a really interesting opportunity, and will be interesting to follow as folks start to understand they can contribute. Public input this round is for the month of Feb.

From the BLM site:

... the Bureau of Land Management (BLM) is seeking public assistance in nominating lands managed by the agency on which the public is allowed to hunt, fish, or use the land for other recreational purposes, but to which there is no legal public access or where access is significantly restricted. Recommendations from the public will aid the BLM in creating a report to Congress that provides options for reasonably providing access to such lands, such as by acquiring an easement, right-of-way or fee title from a willing owner.

The BLM plans to post its first priority list online at BLM’s ePlanning website by Thursday, March 12, 2020. The BLM will update the priority list every two years for at least the next decade. The public nomination period to identify parcels for inclusion on the BLM’s priority list will open on January 31, 2020, and will close on Saturday, February 29, 2020.

Subsequent updates on BLM’s efforts will be published prior to the release of future priority lists in order to seek additional information and suggestions from the public.

.

 

[PatricL]

Last year, I think, OnXmaps and TRCP mapped the inaccessible public lands in the western states. The amount of land is staggering, 6.35 million acres in 11 states! This represents land that is completely inaccessible without surrounding landholder permission (or air support). I'm sure they have or will provide this info to BLM.

I pinged both organizations - sure they are on top of it already but just in case.

 

[PatricL]

Pretty quick response from OnX

"Hey there,
Thanks for reaching out with this article. I'm not sure if our access team has seen this or not, but I will certainly pass this along to them. We appreciate your support in helping us bring these landlocked lands and the projects around them to light. Please let us know if you have any other questions or comments. Thanks again!
onX Support"

 

[velo47]

Thanks Patric!

 

[old_man]

Just for information, most of the BLM land in Colorado is under lease by the farmers and ranchers and access is up to the landholder. They pay good money for those leases, so don't blame them for freeloading. We didn't allow access because the public was always trashing everything and shooting our cows. Just because it is BLM land does not give you the right to trespass. Do your research before you enter since under the law it is governed just like private property. Having said that, if you find out who owns the lease and contact them with respect and promise to do no harm, most farmers and ranchers will oblige.

 

[velo47]

I don't think that is correct. BLM land that is leased for grazing is still open for public use. The leaseholder cannot exclude people from using the leased land for recreational use. They have every right, though, to not allow people to cross their private land in order to access the BLM land. In order for the people to access public lands, they must either have a public access point, like adjacent public land or a county or state road, or have permission to cross private land to access the public land.

I have full sympathy for landowners who do not give permission. I've seen they way people in NM trash the public land, and have no delusions that they would treat private land any differently. But to say that a leaseholder can treat leased public lands as their own private land is absolutely correct.

These, from the BLM website:

"First, BLM land is open to hunting, but you have to have legal access to hunt it. Legal access to most BLM land isn’t a problem. However, some public lands are completely surrounded by private land. If there is not legal access through that private land, such as a county road, you need permission to cross the private land. You are not guaranteed access, even though you are trying to reach public lands. It is your responsibility to know where you are, so use maps and GPS units. It is illegal to post BLM land as private land, but every year a few people give it a try. If you suspect someone has posted public land as private, contact the local BLM office to clarify."

"Unless specifically prohibited, public lands managed by the BLM are open to hunting. Always check with your local BLM office in the region you plan to visit to inquire about closures, restrictions and safety tips before you plan your trip.

It is extremely important to hunt only on lands where it is legally allowed. Private land is open to hunting only if you have the permission of the land owner. If you do not have permission to hunt, you are trespassing and can be prosecuted. Crossing private lands to access public lands is not permitted, unless you first obtain permission from the private landowner. The BLM provides public information, such as brochures and maps, through online and physical public rooms. Find a public room in your state here."

"More than 99% of BLM-administered lands are available for recreational use with no fees."

 

[old_man]

I don't think that is correct. BLM land that is leased for grazing is still open for public use. The leaseholder cannot exclude people from using the leased land for recreational use. They have every right, though, to not allow people to cross their private land in order to access the BLM land. In order for the people to access public lands, they must either have a public access point, like adjacent public land or a county or state road, or have permission to cross private land to access the public land.

I have full sympathy for landowners who do not give permission. I've seen they way people in NM trash the public land, and have no delusions that they would treat private land any differently. But to say that a leaseholder can treat leased public lands as their own private land is absolutely correct.

These, from the BLM website:

"First, BLM land is open to hunting, but you have to have legal access to hunt it. Legal access to most BLM land isn’t a problem. However, some public lands are completely surrounded by private land. If there is not legal access through that private land, such as a county road, you need permission to cross the private land. You are not guaranteed access, even though you are trying to reach public lands. It is your responsibility to know where you are, so use maps and GPS units. It is illegal to post BLM land as private land, but every year a few people give it a try. If you suspect someone has posted public land as private, contact the local BLM office to clarify."

"Unless specifically prohibited, public lands managed by the BLM are open to hunting. Always check with your local BLM office in the region you plan to visit to inquire about closures, restrictions and safety tips before you plan your trip.

It is extremely important to hunt only on lands where it is legally allowed. Private land is open to hunting only if you have the permission of the land owner. If you do not have permission to hunt, you are trespassing and can be prosecuted. Crossing private lands to access public lands is not permitted, unless you first obtain permission from the private landowner. The BLM provides public information, such as brochures and maps, through online and physical public rooms. Find a public room in your state here."

"More than 99% of BLM-administered lands are available for recreational use with no fees."

Maybe things have changed in 50 years since we had a 99 year lease on BLM land. I know it was not open back then.

 

[PatricL]

Just for information, most of the BLM land in Colorado is under lease by the farmers and ranchers and access is up to the landholder. They pay good money for those leases, so don't blame them for freeloading. We didn't allow access because the public was always trashing everything and shooting our cows. Just because it is BLM land does not give you the right to trespass. Do your research before you enter since under the law it is governed just like private property. Having said that, if you find out who owns the lease and contact them with respect and promise to do no harm, most farmers and ranchers will oblige.

I have never heard of a livestock lease that gives the holder the right to exclude public from the land. Like another poster said, if there is a legal access then you have the right to be on that property. BLM only issues use permits that allow the holder to exclude public under certain circumstances and for limited time periods, for instance Burning Man. Mineral and geothermal mineral leases for exploration and extraction also allow exclusion of public access (to the project area only) not vast areas that are merely claimed for exploration. If you have a copy of a BLM agreement that says they have exclusive access I would like to see it.

"Here in Nevada we made it a criminal offense to block access to public land. Senate Bill SB316.

"this bill expands existing law by making it a public nuisance for a person, by force, threat, intimidation or any other unlawful means, to prevent or obstruct the free passage or transit over or through certain highways, roads, state lands or other public lands or lands dedicated to public use or to knowingly misrepresent the status of or assert any right to the exclusive use and occupancy of those highways, roads, state lands or other public lands or lands dedicated to public use, if the person has no leasehold interest in or claim or color of title to the highway, road, state land or other public land or land dedicated to public use"

 

[PatricL]

Maybe things have changed in 50 years since we had a 99 year lease on BLM land. I know it was not open back then.

Ah - that might explain it. A 99-year lease is not the same as a livestock allotment. You are talking about the lease of property - like a cabin. Yes, for those types of leases (which are getting more and more rare) you can probably exclude public access but most likely to a pretty limited area. I am only familiar with CA and NV and I know these exist but have never heard of one that involves a ranch sized piece of property. They are usually some small cabin and a bit of land around them. And BTW, agencies and the employees generally hate them and do what they can to get them out. I was once involved with some families in the King Range area in CA that had rights inside the Wilderness area. The BLM harassed them incessantly trying to get them to sell out.

 

[velo47]

My statements above applies only to Federal public lands.

Rules for state trust lands vary by state, though. Many states are much more restrictive than the Feds regarding use of state public land. For example, in NM, state trust lands leased for grazing are effectively treated like the private land of the lessor, and others are generally not allowed on the land without lessee consent. Hunting seasons, and the 5 days preceding, are almost the only exception. Even in that case, access is only granted for day use, and camping is not allowed. In NE, even hunting is generally not permitted on state trust lands.

 

[velo47]

Patric's insight above is probably correct. We only have dealt with access to public land leased for grazing, usually for 10 year periods. It makes sense that other leases for residences, etc., would be different.