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Cars Off Limits

feslandsurveys

New member
Joined
Feb 25, 2008
Messages
6
Location
Wilton, Wisconsin, USA
imported post

I have open carryed on the job for3-4 of years now. I have a right to trespass the same as the DNR while surveying in order to get to section corners. I live and work in very rural and hilly Southwest Wisconsin (one of the few Republican parts of the state, thank goodness), but we do believe in the right to bear arms. I got tired of people pulling guns out on me and me not being able to return the favor. Normally, I let the landowner know that I will be crossing his land, but if no one is home when I go in and is there when I come out, people sometimes react with anger and do not want to hear about the statutes giving me the right to trespass. I have been threatened too many times to remember, open carry tends to stop the threats. The person seeing my hand resting on the grip usually tones down the anger and allows me to explain what I'm doing and why and that I have the right to do it with or without their permission. I am dead on w/in 40 yards if they choose to go that route. I was very happy to learn we had open carry in our state, I wanted a liscense to carry, but unfortunately in Wisconsin, that was not an option. Anyway, while working along the highways I've had tons of county cops and state troopers pass by seeing me with a gun on my hip and they have never stopped and inquired. They have "rubber necked" quite often though.
 

feslandsurveys

New member
Joined
Feb 25, 2008
Messages
6
Location
Wilton, Wisconsin, USA
imported post


[align=left]Ok, so not "the same" as DNR. Probably in actuality more rights than the DNR, as all I have to be doing is a survey in that section and have the need to get to a section corner and have a need to cross a property to get to it. However if I damage the property of the landowner (drive across his newly planted field) then I can be billed for damages. [/align]
[align=left]The following is the main Statute that allows a surveyor to go where he needs to in order to get the job done. If this statute did not exist, a land owner that hated his neighbor could keep an accurate survey from being accomplished as we would not be able to establish 40 lines without having access to the government corners.[/align]
[align=left]Hope this answers your question. Most of the time (@ 90%) people are very accomodating, but that other 10% is when OC can help. [/align]
[align=left]59.73 Surveys; expressing bearings, subdividing sections.[/align]
[align=left]
(2) SUBDIVIDING SECTIONS. Whenever a surveyor is required[/align]
[align=left]to subdivide a section or smaller subdivision of land established[/align]
[align=left]by the United States survey, the surveyor shall proceed according[/align]
[align=left]to the statutes of the United States and the rules and regulations[/align]
[align=left]made by the secretary of the interior in conformity to the federal[/align]
[align=left]statutes. While so engaged a surveyor and the surveyor’s assistants[/align]
[align=left]shall not be liable as a trespasser and shall be liable only for[/align]
any actual damage done to land or property.
 

junglebob

Regular Member
Joined
Oct 28, 2006
Messages
361
Location
Southern Illinois, Illinois, USA
imported post

Feslandsurveys, I find it interesting that you open carry on the job in Wisconsin without ever having law enforcement question your carrying. I live in southern Illinois which is much more gun friendly than many parts of this state. I have a friend that open carrys on his property and a few years ago he was walking along the state highway just off his land carrying his handgun and an Illinois State Trooper was driving by, apparantely saw that he was carrying a handgun and slowed way down like he was going to stop. He stepped onto his land and the trooper went on. This was in a rural area so he was within the law to be on the side of the highway. Of course I imagine that there are Illinois State Troopers who do not know that open carry is legal in rural areas. I'm surprised that no landowner has ever called the sheriff on you, even though you are legal.
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
imported post

Open carry per se is not illegal by state statute anywhere. 'Guns' may be, but not specifically OC.

As to 'walking beside the road,' the right of way/easement extends for some distance from the centerline. Our Main Street right of way is 33' from the center line, right up to some doors built before the road was paved.

And I'm sure DaNastyRegulators will be glad to make the case that they can go and regulate where they will.

Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA KMA$$
 
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