Indiana Loc: Huntington, Indiana

So, I'm photographing covered bridges (91) in the state of Indiana. Many bridges in rural areas have property owner fencing adjacent to the roadway with no trespassing signage in clear view. There intent is obvious...stay the hell off my property. But here is the thing; there is a ten foot right of way on both sides of the road, and they are eliminating access with their fencing. The dilemma: obey the signage, or assert your right to public access. To get to the waterway to photograph the bridge, I need access. I assert my rights. Additionally, some prohibit access to the waterway the same way...but here is the thing, they do not own to the shore line, only to the high water mark, which is defined by flooding. Knowing the law, I assess the situation and determine how bad I want that waterway view of the covered bridge, and act accordingly. I know the law, and I know my rights...but, I don't know the hostility that could come down on my head. I take a pocket full of money, and if necessary, I'll buy my way out of hostility, and I walk away with the shot! Got to have guts, determination, and a clear view of what you are doing. Navigable streams are owned by the state. Having fun but being cautious also. Get the shot!

Linda From Maine Loc: Yakima, Washington

Have fun, and make sure you have excellent health insurance. Gunshot wounds are expensive. As are bites from guard dogs.

.

Indiana Loc: Huntington, Indiana

Crimes of violence have severe penalties!

Longshadow Loc: Audubon, PA, United States

Sometimes pictures are more important than respect.




/s

Linda From Maine Loc: Yakima, Washington

Now you're just being silly

Indiana Loc: Huntington, Indiana

People are asserting rights that they simply don't have. I am bringing that fact to the attention of the readers of this post. I don't need condescending responses.

Linda From Maine Loc: Yakima, Washington

Oh come on, I was just being silly

I like to think there are situations in which I'd be willing to risk my life or my health; however, in the situation you describe? No.

Good luck.

Longshadow Loc: Audubon, PA, United States

Have at it bro...
Stand up for your rights no matter how many hairs ya gotta split.

DirtFarmer Loc: Escaped from the NYC area, back to MA

Perhaps you do have the rights you assert, but the others may believe they have their own rights and you are the one asserting rights that you simply don't have.

Were I in your shoes I would contact the land owner first and explain what I wanted to do before asserting the rights I believe I have. Yes, it will take more time, but I believe it would be the safer approach.

I have never lived in Indiana so I am not familiar with the local culture.

Longshadow Loc: Audubon, PA, United States

DirtFarmer Loc: Escaped from the NYC area, back to MA

If you have a public purpose in taking photos of covered bridges it will make your case much stronger than if you are just taking photos for your own use. For example you might be taking photos to document the bridges for a historical society. If that is the case a note from the organization your are assisting will help to open doors (or gates). A statewide organization will carry more weight than a local organization. Taking photos for documentation will mean you have to get more points of view of the bridge to provide a full documentation, not just a pretty photo of the bridge. You might need to take photos of the underside of the bridge as well as the foundations.

I would suggest you get the advice of a lawyer before asserting the rights you claim, particularly when the landowners are adamant about denying rights to trespassers. And negotiation will be a softer approach than assertion.

In general, trespassing is not a capital offense, but if you wind up in an argument with the landowner and the police are called, they will look at your situation much more favorably if they know what's going on in advance. We don't want the landowner to get in trouble by overreacting because if that happens you might not get the chance to enjoy your photos.

Longshadow Loc: Audubon, PA, United States

So does trespassing on a fenced property with signs and guard dogs,
bites.

Indiana Loc: Huntington, Indiana

not
You can not fence a county right-a-way. A right-a-way is 20" front the center of the county road. It is often referred to as a shoulder. People do it because they are not challenged by the county government...and they won't be unless someone complains and shows cause for removal. Government officials are elected, and as such, they do not want to interrupt the status quo. This doesn't make it right, it's just the way it is, but, it doesn't make it legal. So, I know the issues...I dealt with them professionally for years, and that is why I am somewhat adamant about it. No problems so far and I am half way done with the bridges. The Department of Natural Resources (DNR) has already inquired about select photo's for their own use, so I could use that as purpose for my photography. Interesting pursuit.

Longshadow Loc: Audubon, PA, United States

And I'll bet you'll take 'em to court over the right OF way...
Gotta stand up for your rights at any cost.

More power to ya.
I'll respect their wishes as my desires don't trump theirs.

Or is "No Trespassing" only a suggestion........

bikinkawboy Loc: north central Missouri

Here’s a few of the problems that occur when urbanites come to the country.

If you open a gate, CLOSE it! I’ve had city folks on the farm and they open a gate, walk through and keep going. At home, do they open the front door, walk into the house and never close it???

ASK permission! Assert your rights all you want, but if there’s a cocky young bull or a momma with a new calf, asserting your rights can send you home home in a box. It’s a fact, in cow human encounters, 75% result in ER visits. 25% walk away. In bull-human encounters, only 10% result in a hospital stay. 90% end up at the funeral home. That no trespassing sign might be up for a livestock reason rather than a people reason.

These days bio security is a real thing. The pathogen you track onto their farm could be disastrous to their operation and livestock.

Explain to the landowner what you want to do and offer to send them a print of the bridge, their family in front of the big old barn and so on. They might be able to point you towards other interesting subjects on their property that you can’t see from the road. And you might be able to get some shots of nighttime harvesting, working livestock and other interesting subjects. And all for the price of emailing them a few photos of their operation.

Rural landowners can be close minded Aholes when you go telling them your “rights” to their property. Be respectful to them and their property and they can be amazingly open minded and generous. For example, we have a lesbian couple with a cattle farm. They are hard workers and helpful when neighbors need something. And in 20+ years I’ve never once heard anyone say anything negative about them. Yes, they are different but their moral characters are above reproach, so everyone sees them as part of the community. They don’t need pride parades to get respect, they earned just like anyone else has to.