Reptile & Amphibian Forums

How far back does the "right of way" extend? There are lots of cuts that are set far back off the roads. Are these huntable?
What if a bunch of people set up for a stretch of a couple hundred miles using only the cuts that are off the road?
What can they say? That's absolutely no danger to motorists.
Talk about a statement. We hunt for a week. Everyone who would normally be hunting all over big bend could be stationed along the 90, each with his/her own cut.

-Jack
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V.P.
Austin Herp. Soc.

I believe the right of way is an easement on private property, so if you are off the right of way you are technically trespassing.

I like the idea of all alterna hunters picking one area of focus next year on one day maybe the saturday closest to the dark moon in june next year and all of us congregating in Langtry or 277 at the rest areas. We should get out and start early , and/or or camp right there! If they are going to enforce and bust us then let's all get it over with all at once.

I think we should get some big orange signs made up that say caution "Snake hunters at hunt" and post them along the hwy!

Many cuts have ample room on top OUTSIDE the fence. If you cross the fence you risk being shot. If you are outside the fence you are OK. Now, does the ROW include the area on top of the cuts? I doubt it, be nice to know for sure though.

I THINK R.O.W. includes a distance from the road, but many road cuts are quite a bit farther away than others.
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V.P.
Austin Herp. Soc.

the standard ROW is a linear 30' this does not take into account vertical feet, but only linear, if you are only 10 linear feet from the road to the base of a cut, but you are 20' up on top of the cut, you are still in the ROW.
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To you im just the crazy snake guy, but to some I'm a 'Herper'.

Isnt every thing up to the fence considered part of the ROW?
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South Texas Herps

No. The right of way varies for different types of roads. It what it is regardless of the fence line. I have highway property with no fence, fence outside the ROW, and fence inside the ROW. I think the state can require fences w/i the ROW to be moved and I know they can remove them at their descretion.

That being said, if there is a fence and it is outside the ROW, it is unlikely that you'll be nabbed for trepass and you could probably defend a charge easily.

Between the Right of Way, and the fence is technically private property but you will probably not get in trouble unless you climb over a fence. what about the land around the rest areas?

A person may only be issued a "Trespass Warning" if he is trespassing on unfenced, unposted, or other wise unmarked land (some paper co lands mark with colored paint on trees) or is not closer than a certain distance from a building.

A person may be issued a Trespass citation in the above instances if that person refuses to leave.

A person may be issued a Trespass citation if he crosses a fence or ignores the above listed signs.

That's just a quick and dirty summary - the code is linked below.

Troy
Texas Trespass Code