MnGCA

HOOAH!! · Geocacher Joined: 14 Sep 2008 Posts: 8

I Received this Email today and was wondering if anyone had any input on it.

I am sending this message in regard to multiple geo-caches that I have discovered on family property located along the Luce Line trail west of Watertown, MN. Over the past few years I have noticed an influx of people trespassing on my property, and it wasn’t until more recently that I figured out the root cause. It appears that there are many caches located on my property (which is posted NO TRESPASSING). I don't want to ruin anyone's fun, however this stretch of property is hunted quite heavily in the spring and fall, and this is when I encounter the majority of the trespassers, I would hate for an accident to happen. Beside the fact that having people trample around in the woods completely ruins the chances of hunters in the area. Also, if someone were to get hurt in any way on my property I would be held liable for their injuries. This property and the property adjacent to it is currently being logged and I feel it is just a matter of time until someone gets hurt by a falling tree, a large piece of equipment, or anything of that nature.
I have been in contact with the Department of Natural Resources to help me in resolving the trespassing issues. Listed is the response I received:
“The Minnesota Department of Natural Resources (DNR) and the Minnesota Department of Transportation (DOT) both require permission and/or permits for private geo-caches on the lands they manage. Our Parks and Trails and Forestry Divisions should be on State lands. Those in a State Forest may not have a permit but they still need to have permission to be there. There should be none on a DNR State Trail. Placing a geo-cache on a State Trail controlled by the DNR is prohibited.”
The person I have been in contact with advised me that it is illegal to have any caches along the Luce Line much less on private property adjacent to the trail. Keeping this in mind, I kindly ask that you remove any caches you may have placed on private property. Also, it may be in your best interest to remove any you may have within the trail right of way because the DNR is aware of them, and it is illegal to have them there. Any caches not removed within the next (7) days, I will personally remove.
Thank you for your quick action.

User's Profile:
http://coord.info/PR6CXM3

NONE of my caches are more than 20 to 25 feet or so off the trail and most are 10 feet or less, none of them are on the other side of any fences.
I'm going to send an Email to him to find out what caches he's talking about but, I was just wondering what you thought about it as others have received the same Email that I did that have caches in the area along the Luce Line.

bflentje · Geocacher Joined: 29 May 2006 Posts: 3655

Might be wise to look up the easement for the trail. It is also not uncommon for land owners to "assume ownership" of land that is not really there's. Sounds like some homework needs to take place.

Oops. [there's] should be [theirs]. BLUSH.

WestSideDaddy · MnGCA Board Joined: 06 Apr 2010 Posts: 544

According to the DNR site, they do not require (as I read it) a permit or permission for state forests.

Moe the Sleaze · Posted: Mon Mar 05, 2012 7:59 am Post subject:

The Luce Line and other state trails have nothing to do with the State Forests.

The last I knew, State Trails are administered by the same folks in charge of the State Parks and, technically, the State Park geocaching guidelines should apply. HOWEVER, per discussions between the Parks/Trails people and Andrew McCracken, they have chosen to not enforce the guidelines in regard to State Trails.

Perhaps Andrew could provide more details.
_________________
"Hi, I'm Moe, or as the women know me - Hey! You in the bushes."
-Moe, The Simpsons

HOOAH!! · Geocacher Joined: 14 Sep 2008 Posts: 8

Thank You for the input I appreciate it & will let everyone know what becomes of this situation.

Red_Devil35 · Posted: Mon Mar 05, 2012 10:08 am Post subject:

team_geomonkey · Geocacher Joined: 07 Dec 2009 Posts: 131

there was at least one that I questioned may be on personal property: GC36A6F - its at the end of a road, at the end of someones driveway.

minnstars · Geocacher Joined: 18 Sep 2008 Posts: 298

I have a large number of caches along the Soo Line Trail. I tried to be careful to keep them all within the trail right of way generally no more than 25 feet off the trail.

pfalstad · Geocacher Joined: 02 Feb 2006 Posts: 963 Location: Edina

This reminded me of an earlier discussion, which was about Three Rivers, not state trails, but maybe it applies here. "The main reason they are against caches along the trails is the potential for people caching on private property adjacent to a trail." Also "I think part of their concern is that they don't always own the land the trails traverse, but rather only have an easement." So even if the cache is on the easement, it may still be this guy's property. The easement is for people using the trail, not hiding caches.

http://mngca.org/forum/viewtopic.php?p=56510

A-body · Geocacher Joined: 26 Jun 2009 Posts: 119

without knowing the caches in question, here is a scenario. If the cache is placed 1/2 mile from where the trail crosses the nearest county road, and there may only be .1 from a road that parallels the trail, some cachers would probably take the shorter route thru private property. I personally would not do that, but it is almost guaranteed that some will.

dornole · Geocacher Joined: 03 Apr 2006 Posts: 353

That makes a ton of sense to me pfalstad. I always wondered why trails were excluded from some policies since they are quite attractive places to cache. Protecting the park system's ability to ask for easements makes sense as a reason. I don't think we'd have any long trails like the Luce Line without them.

HOOAH!! · Geocacher Joined: 14 Sep 2008 Posts: 8

well it's been 48 hours now with no reply to the Email that I sent him asking him wich caches he claims is on his property.
I'd have no problem removing any caches placed on privet property by mistake but I realy don't think that any of mine are.
I'll keep you all posted.
Thanks Again
HOOAH!!

GeoBex · Geocacher Joined: 01 Nov 2009 Posts: 14

I also have a cache which is a tribute to Hooah! and received the same email. I guess I am looking for a little direction on what I should do. The email reads that if I don't remove my cache this land owner will remove it anyway. It has gone missing once already and maybe this explains why. I don't want my cache to cause any trouble but it is only one of a hundred along this trail. I realize I am probably dealing with a different land owner than most and probably the same one Hooah! is dealing with. The DNR site says you are not supposed to hunt on their property which seems to be this guys complaint. He is complaining about geocachers scaring the animals they are hunting but the trail allows horses and snowmobiles to run these trails too. Please let me know what you think I should do.

Pear Head · Posted: Wed Mar 07, 2012 5:24 pm Post subject:

King Boreas · Posted: Thu Mar 08, 2012 7:49 am Post subject:

My $0.03

The guy made the effort to create a geocaching account. He made contacts with people whose names he received on a list. He may NOT know how to determine a GC# or name of a cache. I think he's made a reasonable effort (not like a monkey *** in Aitkin County)

If the Reviewer(s) or the Board have not contacted him, I think someone should. He was very cordial to me in our short correspondence.

It's cold out ... I just burned the soapbox. Rolling Eyes