What Right Do Members of the Public Have to Use a Road Across Private Land
My question involves an easement in the state of: Michigan
There's a line on "most" maps that extends beyond the end of a Michigan certified county road, across multiple pieces of private property, through a state forest, to a boat landing (built by the DNR) on a lake, and then terminates at a two or more different pieces of private property. On the ground it's cleared about 10 feet wide, covered in smooth packed dirt, and smooth enough to traverse in a sedan. It sure looks like a road. Between 1966 and 1969, the DNR attempted to obtain easements across the pieces of private property to guarantee access to the lake and boat landing. One property owner declined to grant an easement, so the "road" was not added to the state forest road system. One or more private property owners put "no trespassing" signs on trees in the vicinity of the dirt passageway but did not erect gates or otherwise block access. It has obviously been well-used since then, and I don't know how long prior to 1966 it was in use as a road as well.
I do not own nor do I intend to buy any of the pieces of property mentioned. My primary interest is riding on it with my ATV without encountering an angry landowner. It is legal to do so on county roads and state forest roads in the area in question.
Does the county road commission or Michigan DNR have to sue the landowners that have not blocked the road in order for it to enter public ownership as a county seasonal road or some other form of state forest road? I could approach each landowner and seek an easement for public ATV use, but if there's a ticking clock on generally opening it to the public after 50 years of unobstructed public use, I may just revisit this in 2019.
Re: What Right Do Members of the Public Have to Use a Road Across Private Land
This really isn't an issue about gaining access to that particular road or the DNR suing landowners who block a road if that road has not been added to the designated ORV system in Michigan. Michigan has very specific laws about where you can ride your ATV and obtaining an ATV license.
Here is the Michigan ORV Handbook.
Read through it and come back if you still have any questions.
Re: What Right Do Members of the Public Have to Use a Road Across Private Land
I've read the ORV handbook. The area in question is in one of the counties where ATV may use county roads by both county and town ordinance. If this passageway is a certified county road (which it is not) or a seasonal county road it is definitely open to riding. If it's a state forest road then I have to confirm it's open-ness with a different governmental unit. If it's private property then an easement or other form of permission is explicitly required. If it's a DNR Designated trail then riders would need the $10 trail pass in addition to the $26 license that's needed for use on county roads or frozen bodies of water.
Re: What Right Do Members of the Public Have to Use a Road Across Private Land
Well then you know the answer to your original question. Since one property owner refused to grant the easement to the DNR I don't think you will have much luck. There is nothing stopping you from asking that owner and the ones that posted no trespassing signs if you personally could have permission to cross the property.
Send the owners letters and ask. Then if they say it's OK, at least you have the permission in writing.