Claim Access Options

[Modern Day Miner]

I was wondering about access to a certain claim. There is a closed forest service road that goes through private property. Do I have a right to use this road/trail to access my claims.
Or is this something that would require me getting private property owners permission to go through his land to get to my claims?

Thanks
MDM

[jhidek]

So what I'm up against now, is City of Colorado Springs that has control of High Dr and they are the ones who shut it down under the "authority" of parks and rec. The parks and rec manager says they will NOT give access to the road through the gate and to walk like everyone else (I'm disabled...). Scott Abbott is the parks and rec manager, he does not care that multiple laws grant me the RIGHT to access as it does not fall under recreational use and if I breach their chain to add my own lock they will prosecute for destruction of park property. If my vehicles are seen on the closed road they will be impounded, and I will be fined and prosecuted.

[swizz]

So what I'm up against now, is City of Colorado Springs that has control of High Dr and they are the ones who shut it down under the "authority" of parks and rec. The parks and rec manager says they will NOT give access to the road through the gate and to walk like everyone else (I'm disabled...). Scott Abbott is the parks and rec manager, he does not care that multiple laws grant me the RIGHT to access as it does not fall under recreational use and if I breach their chain to add my own lock they will prosecute for destruction of park property. If my vehicles are seen on the closed road they will be impounded, and I will be fined and prosecuted.

My advice was based on the premise that the access road in question was on NFS managed (publicly owned) land. Maybe I misunderstood earlier in the thread. You are stating that it is on private property (City Of Colorado Springs). That is an entirely different scenario. To my knowledge they (private property owners) are not bound by law to grant you vehicular access via a road within their property. You stated that the road is designated as FDR which means that it is likely owned by USFS and designated for USFS purposes (forest development). I'm not sure that the USFS is bound by law to grant you use of their road as it crosses private property. Since the FDR road is situated on private property I don't know that you would be guaranteed 'easement' of vehicular travel. USFS may have some kind of deal arranged with the City for limited use of that road, who knows? This should have been strongly considered prior to staking (or acquiring) the mining claim in question. Dan may have to chine in on this one. Is your claim surrounded by private property? If not, there may be an alternative route on public owned land that could be improved for your purposes.