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Discussion Starter · #1 ·
So here is my question. The dirt road shown in the image below takes off from a state highway, crosses through a short section of private land, and then enters on to BLM lands.

The image below is taken from the onXmaps app. It looks to me that the road has a dedicated R.O.W, which would make it open to the public....IMO.

Thoughts??

Ecoregion Leaf Organism Terrestrial plant Asphalt
 

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Although you have your answer, it looks to me that the private property would need to be that of a single land owner. Another clue is if the red lines signify a fence which is used to show a property boundary.
 

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Discussion Starter · #7 ·
Although you have your answer, it looks to me that the private property would need to be that of a single land owner. Another clue is if the red lines signify a fence which is used to show a property boundary.
The red lines are property boundaries. The private parcels on each side are both owned by a single landowner but the county still has a dedicated R.O.W. for the road. I called since I last posted to double check that it has not been vacated. It has not.

-E-
 

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Discussion Starter · #9 ·
Is the dedicated R.O.W. for public access (for hunting, etc.) or is the R.O.W. for administrative purposes (fire fighting, first responders, etc.).

ClearCreek
Don't know but it's clearly a county road. Going in!!!

When it exits off the highway, it first crosses BLM, then a short section of private, then back to BLM for a long way before terminating at another section of private. The two sections of private shown in my photo are actually two separate tax lots, even though they have the same ownership. I feel safe on this one.

-E-
 

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Check for sure. Weyerhaeuser has gated lots of roads that we the people paid for, just look at the Molalla tree farm.
Yep....and funny it will show as road on map but the gate won't show..even on onx or any other such app. Super infuriating

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I would go and have a backup plan. That is a right of way and nobody besides the county/state/feds can close the road. Last year we hunted around a pile of Hancock, there were a couple of similar roads that went right to their border through private. There were keep out, dead end and no trespassing signs all over that road, we still used it all season without a single person saying a word. You could see several homes/cabins that were occupied from that spot, a lot of people post them to detour people and for the most part I think they are successful and if it keeps 90% of people from using the roads it’s a win for the land owners.
Even a lot of roads that aren’t makes on onx have legal easements. 3 of my neighbors have an easement through my property but I still pay taxes on the property, it’s even paved but technically isn’t a road, it’s private property.
 

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I think a lot of people use the term "right of way" in too broadly in these situations. You need to understand there are easements across land for very specific use or users, dedicated right of way as you would find in subduvisions, right of ways acquired by long term public use which the courts typically treat like limited use easements, then you have right of ways acquired through purchase, these can be either private or public. When asking about these from county staff its very likely they will generalize without doing the research. Then to further confuse the issue every state adopted laws in their early days to deal with public access and who gets the right of way if vacated. Another hybrid is counties allowing a subdivision with publicly dedicated right of way to privately control that right of way which is a means of getting gated communities.
 

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Talked again today with the County. Bona fide county owned road. It even has its own name.

-E-
Locally we have a County road in a subdivision that has a county road name and number but is gated to only landowners behind the gate. The landowners have a trust fund they pay into that pays for road maintenance. No public tax money is being spent on the road only private money which in this day with trash dumping and theft is a benefit to those living behind the gate.
 

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Discussion Starter · #15 ·
Locally we have a County road in a subdivision that has a county road name and number but is gated to only landowners behind the gate. The landowners have a trust fund they pay into that pays for road maintenance. No public tax money is being spent on the road only private money which in this day with trash dumping and theft is a benefit to those living behind the gate.
And?

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Meaning the County here will simply tell you its a county road, but unless you live behind the gate you have no access rights. Just pointing out that strip of roadway and who can use it is simply not cut and dried.
 

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Discussion Starter · #17 ·
Meaning the County here will simply tell you its a county road, but unless you live behind the gate you have no access rights. Just pointing out that strip of roadway and who can use it is simply not cut and dried.
The example you cite above really sounds like a private road to me. The fact that there is a HOA fund and maintenance agreement in place....and a gate....screams private. Many private roads have officially recognized names for them. I'd be curious to know the name of this road you speak of.

The road I am questioning in my original post is a public road, open to the public, with a 60 ft. wide County owned ROW. I've confirmed this verbally with the County, and the County GIS backs up County ownership.

-E-
 

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Ok as an appraiser just contact the property owners or contact the county surveyor and get a plat map, Also CONTACT the county assessor and see what the plat maps may reveal, They may actually show the easements marked out if any. NEVER USE GIS AS AN ACCURATE PROPERTY LINE INDICATOR. They are a very rough indicator.
 
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The example you cite above really sounds like a private road to me. The fact that there is a HOA fund and maintenance agreement in place....and a gate....screams private. Many private roads have officially recognized names for them. I'd be curious to know the name of this road you speak of.

The road I am questioning in my original post is a public road, open to the public, with a 60 ft. wide County owned ROW. I've confirmed this verbally with the County, and the County GIS backs up County ownership.

-E-
I should know i wrote the county agreement. Its a county owned 60 foot right of way with a 24 foot wide paved surface.
 

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I should know i wrote the county agreement. Its a county owned 60 foot right of way with a 24 foot wide paved surface.
Are you saying a WA county agreed to vacate a public right of way?

In Oregon, absent that vacate, it's a public road that the public can ingress and egress without any obstacle employed by adjacent land owners.
 
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