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Trail Blazer
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MI
Joined: Apr 09 2012
Posts: 34
Gender: Female
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Post subject: am I trespassing in the ditch??  Posted: April 9th, 2012, 8:53 pm |
I own a plat book for my area whenever the question of state/county/private property comes up...but one day, I picked some black morels that were in a ditch. I came across them by accident, and seeing as how they were 2 feet off the road, I couldn't help but stop and snap them up. There were no mailboxes and no houses for a 1/4 mile each way.
All of a sudden a woman pulled up in her car and said that I was trespassing on her property and demanded to know who I was. I didn't really know what to do, seeing as how I'd been so distracted about my lucky find...she was being aggressive and surprised me. I've always thought that public property is 33 feet from the center of the road out, and therefore I was well within that limit to be picking these mushrooms. I told her this, and she said I was just making this up. (Obviously she must pick mushrooms there) As I awkwardly ignored her, eventually she pulled away angry. Has anyone ever had a similar confrontation?? Was I in the right? What would you have done?
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| Northern Country Morels |
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| Northern Country Morels |
NW North Dakota
Joined: May 30 2011
Posts: 519
Gender: Male
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Post subject: Re: am I trespassing in the ditch?? Posted: April 10th, 2012, 9:01 am
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I wouldn't worry about it too much. I do not know the exact rules but I think that you were on public property. If you were picking up trash in the ditch, would she still consider you tresspassing?
Bob
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| Northern Country Morels |
Joined: Jul 09 2009
Posts: 59
Gender: Male
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Post subject: Re: am I trespassing in the ditch?? Posted: April 10th, 2012, 7:33 pm
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It's a good question....Think about hunting animals, you have no right to hunt the road unless you own the land on one side or its public on both sides. Is it the same with picking berries and shrooms? I'm guessing it probably is. Determining where the easement starts/ends can vary road to road. I live on a paved road and my property ends about 10' from the road edge. My property line up north is partialy in the road. Unless you are sure where it is its hard to say. Now if anyone wants to pick up trash they are always welcome 
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| Northern Country Morels |
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Post subject: Re: am I trespassing in the ditch?? Posted: April 10th, 2012, 9:15 pm
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For 99% of state and county roads the public easement is a minimum of 10 feet from center of road. Most of the time it is 20 feet from center of road.
1mush·room
noun
\ˈməsh-ˌrüm, -ˌru̇m;
Mushrooms are NOT plants,just in case you didn't know.
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| Northern Country Morels |
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Trail Blazer
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MI
Joined: Apr 09 2012
Posts: 34
Gender: Female
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Post subject: Re: am I trespassing in the ditch?? Posted: April 10th, 2012, 9:36 pm
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Thanks everyone! I'm not going to sweat it too much, I'm sure she was angry because I happened upon where she normally picks...and what an easy spot...pull your car over, pick, jump back in. Not saying that I don't enjoy the hunt, but hey, doesn't get easier than that!
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| Northern Country Morels |
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Post subject: Re: am I trespassing in the ditch?? Posted: April 11th, 2012, 10:25 am
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In Michigan its 20 feet from the center of the road but the land is still owned by the landowner and they pay taxes on it.That said many shrooms are picked here using that right of way but there are also many incidences like yours.
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| Northern Country Morels |
Joined: Apr 11 2012
Posts: 10
Gender: Male
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Post subject: Re: am I trespassing in the ditch?? Posted: April 11th, 2012, 11:46 am
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We pick ditch asparagus alot and have never had any problems with it.
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| Northern Country Morels |
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Post subject: Re: am I trespassing in the ditch?? Posted: April 11th, 2012, 12:50 pm
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The land was owned by Indians and I'm part Indian so I'll pick the ditch !!! Lol [ Post made via iPhone ] 
jon...avatar is me 55 pounds extra on my gut and 40+ of fireburn morels..from the Sleeper Lake burn...found the fuzzy foot and thanks to greysRDbest for knowing what it was!
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| Northern Country Morels |
Joined: Oct 07 2010
Posts: 109
Gender: Male
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Post subject: Re: am I trespassing in the ditch?? Posted: April 11th, 2012, 9:36 pm
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jon,
America was taken over in part by men of Teutonic descent: I'm part German ancestry: I claim the morels by right of conquest! ;)
Jeff
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| Northern Country Morels |
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Post subject: Re: am I trespassing in the ditch?? Posted: April 11th, 2012, 9:48 pm
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Lmao. I'm English, Irish , Scottish , welsh , German , French Canadian , Romanian , Cherokee and Mohican ...... That I know of.... I claim them all and I'll fight with myself over them!! [ Post made via iPhone ]
jon...avatar is me 55 pounds extra on my gut and 40+ of fireburn morels..from the Sleeper Lake burn...found the fuzzy foot and thanks to greysRDbest for knowing what it was!
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