PDA

View Full Version : Accessing a grazing lease


ALBTUFF
04-22-2014, 05:09 PM
Sorry I know this topic has been beaten to death but here is my dilemma. I found a grazing lease that on the GOA website it says NO CONTACT REQUIRED. Prefect. While I was out shed hunting/setting cams I deci I'll go and check this lease out. When I got there it was very well posted NO TRESPASSING! I didn't print off the lease form saying no contact required. This weekend I will have it with me.

So here's my question, Should I just go out there form in my pocket?? I believe I would be good to go but don't want to start anything with the lease holder. You thoughts??

Lefty-Canuck
04-22-2014, 05:11 PM
Can a crown land lease be posted with No Trespassing?

LC

Ryry4
04-22-2014, 05:11 PM
Personally I'd contract the lease holder. Could be bad info on the web. If the lease holder tries to deny access file a complaint.

ALBTUFF
04-22-2014, 05:38 PM
Personally I'd contract the lease holder. Could be bad info on the web. If the lease holder tries to deny access file a complaint.

the lease holder has not yet set up any info on the lease access site so don't know who to contact. I know some lease holder could be miles and miles away.

Ryry4
04-22-2014, 05:41 PM
the lease holder has not yet set up any info on the lease access site so don't know who to contact. I know some lease holder could be miles and miles away.

If that's the case, take the paper with you and go for a walk.

Deer Hunter
04-22-2014, 05:41 PM
You aren't hurting anyone, and are following the written conditions. I wouldn't hesitate to go and enjoy yourself.

Ryry4
04-22-2014, 05:42 PM
Can a crown land lease be posted with No Trespassing?

LC

Sure it can. Same as a guy that's trespassing can say he owns the land he's on.

Doesn't make it legal or right.

lannie
04-22-2014, 06:05 PM
Why would you not contact SRD instead of asking here? You will find no answer here backed by any verifiable authority that could help your cause. What you will do is drive a wedge deeper between the lease holders and the people wanting to lawfully access the lease.

Ranch11
04-22-2014, 06:14 PM
Maybe it was purchased...

Flatlandliver
04-22-2014, 07:26 PM
Why would you not contact SRD instead of asking here? You will find no answer here backed by any verifiable authority that could help your cause. What you will do is drive a wedge deeper between the lease holders and the people wanting to lawfully access the lease.

X2

Redfrog
04-23-2014, 01:15 AM
Why would you not contact SRD instead of asking here? You will find no answer here backed by any verifiable authority that could help your cause. What you will do is drive a wedge deeper between the lease holders and the people wanting to lawfully access the lease.

Reminds me of my grand daughter.

Mom asks where she got the cookie? She said from the package on the counter.
Mom asks, did you ask for it. Grand daughter says nope. Mom asks why not. Grand daughter says, you would have said no.

walking buffalo
04-23-2014, 03:48 AM
Sorry I know this topic has been beaten to death but here is my dilemma. I found a grazing lease that on the GOA website it says NO CONTACT REQUIRED. Prefect. While I was out shed hunting/setting cams I deci I'll go and check this lease out. When I got there it was very well posted NO TRESPASSING! I didn't print off the lease form saying no contact required. This weekend I will have it with me.

So here's my question, Should I just go out there form in my pocket?? I believe I would be good to go but don't want to start anything with the lease holder. You thoughts??


My first thought is that you should contact ESRD Lands and notify them of the sign. Leaseholders cannot place such a sign without consent from the government. There is also a possibility that someone other than the Leaseholder placed that sign. Take pictures of the sign in context to the land as evidence of your claim. For the sake of all users of Public Lands, be sure to make that call. Other jurisdictions are having a difficult time enforcing situations where public lands are illegally posted thus deterring unknowing citizens from accessing lands that they have every right to enter. Let's not consent to such actions taking a foothold here in Alberta.

Second, the government is responsible for providing up to date information regarding access to Our Public Lands. The public has been advised by the government to use the Recreational Access Mapping Tool to determine access conditions to Grazing Leases.



I see two options and one responsibility.

Option 1. Abide by the government webpage information and enter the land as the conditions allow. I will suggest that this is within your rights but this option also has the most risk for aggravating the leaseholder, which might be a good thing if the Leaseholder or another person is breaking the law.


Option 2. Call the Leaseholder and go from there.


Your responsibility as an Alberta citizen. Consult the local ESRD Rangeland Staff regarding the situation. Take pictures of the sign and make a report along with a request for access.

Dispute Resolution Process for Recreational Access to Agricultural Lease Land
http://esrd.alberta.ca/recreation-public-use/recreation-on-agricultural-public-land/dispute-resolution-process/stage-one-informal-facilitation.aspx#

Range Resource Management Contacts
http://esrd.alberta.ca/about-esrd/contact-esrd/range-resource-management-contacts.aspx

pickrel pat
04-23-2014, 06:35 AM
If i was a greedy, shady kinda hunter or outfitter, I might be inclined to throw up cheap no tresspassing signs on leases and crown land to lesson the volume of hunters on it. Thus, having little to no competition for hunting. just saying. Check it out. My uncle had a half section of land that he did not frequent very often. One summer he went out to have a look at the land, and there were no tresspassing signs everywhere!!!! lol.

saddleup
04-23-2014, 07:28 AM
Why would you not contact SRD instead of asking here? You will find no answer here backed by any verifiable authority that could help your cause. What you will do is drive a wedge deeper between the lease holders and the people wanting to lawfully access the lease.

The best piece of advice so far.

coreya3212
04-23-2014, 07:31 AM
My first thought is that you should contact ESRD Lands and notify them of the sign. Leaseholders cannot place such a sign without consent from the government. There is also a possibility that someone other than the Leaseholder placed that sign. Take pictures of the sign in context to the land as evidence of your claim. For the sake of all users of Public Lands, be sure to make that call. Other jurisdictions are having a difficult time enforcing situations where public lands are illegally posted thus deterring unknowing citizens from accessing lands that they have every right to enter. Let's not consent to such actions taking a foothold here in Alberta.

Second, the government is responsible for providing up to date information regarding access to Our Public Lands. The public has been advised by the government to use the Recreational Access Mapping Tool to determine access conditions to Grazing Leases.



I see two options and one responsibility.

Option 1. Abide by the government webpage information and enter the land as the conditions allow. I will suggest that this is within your rights but this option also has the most risk for aggravating the leaseholder, which might be a good thing if the Leaseholder or another person is breaking the law.


Option 2. Call the Leaseholder and go from there.


Your responsibility as an Alberta citizen. Consult the local ESRD Rangeland Staff regarding the situation. Take pictures of the sign and make a report along with a request for access.

Dispute Resolution Process for Recreational Access to Agricultural Lease Land
http://esrd.alberta.ca/recreation-public-use/recreation-on-agricultural-public-land/dispute-resolution-process/stage-one-informal-facilitation.aspx#

Range Resource Management Contacts
http://esrd.alberta.ca/about-esrd/contact-esrd/range-resource-management-contacts.aspx

And this is the reason to ask questions here. As usual, top notch response WB.

lannie
04-23-2014, 08:18 AM
And this is the reason to ask questions here. As usual, top notch response WB.

You are right Corey- He said the same thing as I.

Your responsibility as an Alberta citizen. Consult the local ESRD Rangeland Staff regarding the situation. Take pictures of the sign and make a report along with a request for access.

ALBTUFF
04-23-2014, 09:45 AM
Thanx for all the replies. I already know what I was going to do I was just looking for opinions from other people The reason I asked on here and didn't call SRD is because I worked all day and didn't want to make the call last night so I asked for other peoples thoughts on the situation. Which I got thanx again.



PS WB thanx for the links and info I appreciate that a lot more than being asked why I'm asking on here and not phoning SRD

coreya3212
04-23-2014, 03:08 PM
You are right Corey- He said the same thing as I.

Your responsibility as an Alberta citizen. Consult the local ESRD Rangeland Staff regarding the situation. Take pictures of the sign and make a report along with a request for access.

You can actually read what you wrote in your first post and what WB wrote and say they are the same response?:thinking-006:

diamonddave
04-23-2014, 05:28 PM
[QUOTE=lannie;2413397]You are right Corey- He said the same thing as I.

lol!! He did??
:test:

Mulehahn
04-23-2014, 07:18 PM
Playing Devils advocate but why should he have to take time out of his schedule to call the SRD? It is their responsibility to maintain the website. If the lease holder wants to restrict access it is his responsibility to contact them and demand they update the site. Why are hunters so anxious to give up opportunities?

expmler
04-23-2014, 07:55 PM
Playing Devils advocate but why should he have to take time out of his schedule to call the SRD? It is their responsibility to maintain the website. If the lease holder wants to restrict access it is his responsibility to contact them and demand they update the site. Why are hunters so anxious to give up opportunities?

I think he is a prime example of a hunter that wants to follow the law and maintain good hunter\lease holder relations. He is willing to put in a little extra effort which I find both commendable and more and more rare.

SonofDixie
04-24-2014, 12:27 AM
A question ive had,

On some of the leases, there are often times no number, no name, no notes or anything.

Are these free to access as well?

lannie
04-24-2014, 08:02 AM
A question ive had,

On some of the leases, there are often times no number, no name, no notes or anything.

Are these free to access as well?

Best answer to your question would come from SRD.

walking buffalo
04-24-2014, 01:23 PM
A question ive had,

On some of the leases, there are often times no number, no name, no notes or anything.

Are these free to access as well?


Nevermind Lannie's answer, the government and courts have already answered that question for all of us (leaseholders and general public) through legislation and regulation.


Yes, within conditions allowed under the Public Lands Act and Recreational Access Regulations.

It is the Leaseholders responsibility to provide contact information if they desire to be contacted prior to a person's access to the Public land.


Recreational Access Regulation
http://www.canlii.org/en/ab/laws/regu/alta-reg-228-2003/latest/alta-reg-228-2003.html?searchUrlHash=AAAAAQAgZ3JhemluZyBsZWFzZS BhY2Nlc3MgcmVndWxhdGlvbnMAAAAAAQ

SonofDixie
04-24-2014, 05:14 PM
Thanks Dubya BE. That helps a lot. Good to know.

KegRiver
04-24-2014, 09:46 PM
Playing Devils advocate but why should he have to take time out of his schedule to call the SRD? It is their responsibility to maintain the website. If the lease holder wants to restrict access it is his responsibility to contact them and demand they update the site. Why are hunters so anxious to give up opportunities?

The land could have been sold since the ESRD information was last updated.

If so anyone ignoring the no trespassing signs would be open to prosecution.

Yes, the signs could have been placed illegally, but they could also have been placed legally. Is it worth taking a chance?

If they were placed legally, the trespasser would be burning his bridges, and possibly ours as well.

pikergolf
04-24-2014, 09:51 PM
The land could have been sold since the ESRD information was last updated.

If so anyone ignoring the no trespassing signs would be open to prosecution.

Yes, the signs could have been placed illegally, but they could also have been placed legally. Is it worth taking a chance?

If they were placed legally, the trespasser would be burning his bridges, and possibly ours as well.

Easy to find out, check with the county. I know of two lease holders down here that do that exact thing, ignore the lease outline and post the land.

Phone the county and find out if it is lease or deeded.