Hi Tweets,

One thing that we must remember is that trespass laws are set by each
state. Comparing what is legal as far as trespass in one state to Washington
is not a good idea as that same circumstance may be illegal in Washington or
another state. Here are some examples (a few are possibly outdated):
In South and North Dakota the property must be posted every 600 feet with
either a sign or a flame orange post (of a certain size) or public access is
OK even if it is obviously private, i.e. agricultural land. No legal action
can be taken unless the property is posted properly.
In Idaho only land that is not obviously private must be posted in this
manner, while land that is obviously private does not have to be posted.
Trespass is OK on un-posted land up until the landowner asks you to leave.
Trespass is not OK on obvious private property and legal action can be taken
whether posted or not.
In some states water can be owned, while in others it cannot. In some state
the land under that water can be owned, while in others land below the high
water mark are state property (sometimes this applies to navigable waters
only, while in others it applies to all waters). In some states it is
illegal for landowners to block access to public lands, while in some
blocking access is an accepted, albeit heinous, practice and is legal to do.
There are even laws on the book that disallow the blocking of a previous
access by a new owner (like in Kelly's example).
There are maps that outline private vs. public (i.e. government land)
available for the state of Washington. I think they can be ordered through
DNR (though I cannot remember where I got mine). Each map covers a specific
portion of the state. They are fairly expensive (due to the number required
to cover the entire state), but worth the price in IMHO.
A tactic that is rampant in many parts of the west is to 'buffalo' folks
into thinking that property is off limits and private when it is not.
I have seen Boise Cascade lands posted with personal No Trespassing signs
(Boise Cascade is aware of the problem and likes to hear from folks when
they discover this). I have also seen BLM land, trust land, and even NF
lands posted by private individuals.
I've been accosted by individuals and admonished that I was trespassing. If
I am certain (and you need to be certain without a doubt) I am not
trespassing, I produce the map, show them what the map says, and allow them
to explain the map. Sometimes that ends the discussion, other times they
continue to insist. At that point I prefer not to argue as there is much
drug manufacturing and cultivation happening on public lands and who knows
who we're dealing with here. At that point I ask for their name and politely
leave (whether I get the name or not) and then contact the authorities.
As has been stated, a tablespoon of sugar is worth a gallon of vinegar, but
I find it extremely irritating when someone tries to pull this type of scam
and keep folks off of land they have every right to access.
All of this is not to say that the property in question is not private, it
may well be. If so, the owner should post it as such; But still, a little
respect goes a long way from both sides.

Cheers

Doug Schonewald
Moses Lake, WA

My recommendation is to get one of the maps that shows all public vs.
private property and use it.
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