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AR15.COM
5/22/2012 4:52:05 AM EDT
I know it is legal to pick asparagus for personal consumption on DNR properties (NR 45 states so).

What about regular roads?

I believe it is treated as an easement issue, just like it is illegal to pick other perennials such as flowers 33' from centerline on the roadside.

Any links would help.

Thanks

V
OUT
5/22/2012 6:24:57 AM EDT
[#1]
Somewhat along the same lines, I've seen folks picking some of the wild daylillies along the road in the past, or taking whole plants.  For example, there was someone grabbing a couple I think along Highway 67 north of Eagle last year.
 
5/22/2012 5:47:58 PM EDT
[#2]
Legal or not, my opinion is that if you don't pay the taxes on the land you have no right to take anything from it.
Tagscribed to see what the experts say.

As an example, say there is a tricycle in the right of way, near a sidewalk, is it free to anyone?
5/22/2012 7:08:31 PM EDT
[#3]
I'm pretty sure that it's illegal the same as the picking of wild flowers is illegal.



You could always call your local dnr field office.
5/23/2012 3:54:30 AM EDT
[#4]
Believe it or not, NR45 states it is OK, but the easement is not a DNR issue.

So far my research shows it is an easement, so 32/33 feet off of center line it is (so far as I can see govt. wise) illegal, just like cutting or digging up perennials.

So everything farther out than the 32/33 feet is private property; so picking/taking without permission is trespassing.

V
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5/23/2012 10:54:11 AM EDT
[#5]
It might be illegal.






It's also common as hell to see folks doing it.







Just keep a lookout and maintain SA, some old ladies will chase you off.







People that would do that though, tend to go look for the stuff every day and you wouldn't find anything on their land.







Consider sharing a bundle of what you picked with anybody that bitches about it.  Usually it's "I was just going to do that" (not!) type envy/lazy combination.




There's lots of state/commercial land where you are less likely to have problems too.

 
5/23/2012 7:47:44 PM EDT
[#6]
Jusr because. Its on the road side doesn't mean it wasn't planted there by the homeowner. My dad had a nice patch he guarded for a few years till he got tired. Of people. Picking. It on him so he moved his patch and the roadside one was over picked to many times and now is gone.
5/30/2012 4:52:01 PM EDT
[#7]
Answer, OK to pick in the easement for private consumption as long as the picker is not creating a hazard.

V
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5/30/2012 4:52:59 PM EDT
[#8]
Dupe, sorry.

V
OUT
5/31/2012 10:36:13 AM EDT
[#9]
Quoted:
Believe it or not, NR45 states it is OK, but the easement is not a DNR issue.

So far my research shows it is an easement, so 32/33 feet off of center line it is (so far as I can see govt. wise) illegal, just like cutting or digging up perennials.

So everything farther out than the 32/33 feet is private property; so picking/taking without permission is trespassing.


Do you have a cite?  Roadside is not typically an easement, but a Public Right of Way for the purposes of travel.  This is the same reason that a sidewalk and planting strip between the city street and sidewalk is not private property although you hold title to it.