Re: RC: trail preservation...have a question

["superpat" <superpat@gateway.net>]

Dear Barb,
Trust me,
The work our committee has been doing has been with the cooperation of all
users and land owners. At some of the community meetings, emotions ran high
and I am amazed that without exception, after all had voiced opinions, there
was a feeling of true cooperative spirit which as pervaded the committee's
meetings. There has been a tremendous amount of muscle volunteered over the
past two years to rebuild trail that had washed out after tremendous
flooding. Fortunately, there is a spirit in this town that we have a very
special piece of the country that needs to be protected and enjoyed. The
members of this community have purchased a ski park above the city and it is
now owned and run by "us" and making a profit, I might add. The members of
this community have raised the money and built and run an outdoor ice
skating rink. I
point this out only because the spirit of our all being affected and
involved in keeping this area wonderful for all is what makes me love living
here and working to keep it this way. That said, I don't think it hurts
to avail ourselves of *all* aspects of trail usage and easement law. I am
constantly aware that I enjoy much of the trails and roads that I ride only
because of the kindness and generosity of private land owners. In this
litigious age, I often wonder at the generosity of land owners. It only
takes a few rotten apples to ruin it for all of us.
Pat
----- Original Message -----
From: <BMcCrary27@aol.com>
To: <superpat@gateway.net>
Cc: <ridecamp@endurance.net>
Sent: Tuesday, March 21, 2000 7:08 AM
Subject: Re: RC: trail preservation...have a question


> In a message dated 03/20/2000 10:55:28 PM Pacific Standard Time,
> superpat@gateway.net writes:
>
> <<  As we devise a plan for re-routing the trail, it will
>  still be necessary to go through a small portion of some of the private
>  land. It would be helpful to know if what I remember hearing is correct.
>  Does anyone out there know if and where I can find information about the
>  necessity for private land owners to allow access to trail when the trail
>  has been in use for a number of years? >>
>
> I don't know what the rules are, but as a private property owner, I would
be
> livid if someone tried to claim that just because people had used the
right
> to go through my property for X number of years, they had a permanent
right
> to do so.  In Europe, there is so little space compared to what we have in
> this country, that riding/hiking trails go right through someone's front
yard
> and this is accepted as the norm.  This is not the case in this country,
and
> we hold our private property rights dear.  If I were in your place, I
would
> make an appeal to the property owner for right of way, but I surely
wouldn't
> approach that owner with any attitude of having the right to use his land
> just because it had always been that way.  Humility and appreciation work
> where assumption of rights and force do not.  Been there, done that.....
We
> love to share our land, on certain occasions, with the general public, and
> for neighbors...all the time.  But come on with an assumption of your
right
> to use our land, and them's fighting words!
> BTW, there is probably more park land in this county than any other county
in
> the state or country, but some people don't want to use IT; they're
looking
> for someplace to get away from the public, from rules and from control by
the
> rangers.
>
> Barbara
>