Hunter tests access rights to USFS land

[fireweed]

Check out an old 1930's map. Trails lead from civilization to old mines or fire lookouts everywhere crossing multiple ownerships. The USFS doesn't need to create "new" trails because there are so many old ones out there!  As logging took over the trails converted to roads and shortened toward the mountains were the trail still exists.  I can think of two Mount St. Helens trails that are like this. They started in Toutle, crossed multiple ownerships just like a county road,  and went to the Green River and Spirit Lake Mines.  The remains of these trails now start on private land. They have been used since late 1800's.
But what is continuous use? Every day? every year? by how many?  When a landowner blocks access for "fire danger" or construction does that negate continuous use of a  trail/or road?

[lamrith]

I had to google this, I wasn't sure what it meant:

http://legal-dictionary.thefreedictionary.com/prescriptive+easement

prescriptive easement
n. an easement upon another's real property acquired by continued use without permission of the owner for a period provided by state law to establish the easement. The problems with prescriptive easements are that they do not show up on title reports, and the exact location and/or use of the easement is not always clear and occasionally moves by practice or erosion. (See: prescription, easement)

I have on many occasions checked with the USFS to ascertain if an easement existed to avoid landowner problems that I suspected might occur. Even after checking with USFS I have had landowners try to tell me there is no access, I refer them to the USFS or invite them to call the sheriff, that is usually the end of the argument. Since this trail is on the map I think the guy may win the case, it will be interesting to see what happens. It doesn't quite seem right that he gets a ticket when the trail is on the map!

I would think USFS would also have some benefit from helping him win this case?  Otherwise it sets a precedent that will get to the point that USFS has to pay to access their own land and maintain it?  This is far from the only parcel they have that is landlocked.  I have seen thread as about this on a few FB groups as well were people bought land that land locks govt land and refuse to allow anyone to access the Govt land.  (I can understand both sides as land owner with high public traffic acros property and public person wanting to access "our" land.)

[KFhunter]

USFS, DNR etc will have their own easements behind a locked gate.  Nothing is truly landlocked from the owners themselves only the publics access to it.


read reply #41  - this is specifically why I addressed bean counters post.   

[Bob33]

As of right now the sportsmen have nothing to lose because they aren't able to corner cross as it is.

Are corner crossers being actively charged and prosecuted in Montana?

[Sitka_Blacktail]

USFS, DNR etc will have their own easements behind a locked gate.  Nothing is truly landlocked from the owners themselves only the publics access to it.

The USFS and other agencies don't "own" public land. They manage it for the public who are the "owners" as citizens. They sometimes act like they own it, tho.

[KFhunter]

USFS, DNR etc will have their own easements behind a locked gate.  Nothing is truly landlocked from the owners themselves only the publics access to it.

The USFS and other agencies don't "own" public land. They manage it for the public who are the "owners" as citizens. They sometimes act like they own it, tho.

I agree, but reality doesn't.

[Henrydog]

I'm siding with the State.  Just because something is on a old map it does not mean 1) its correct and 2) it accurate.  I have in front of me a quad sheet dated 1972.  It shows a garbage dump and a ski hill just west of Liberty Lake Wa.  Does that mean I can dump my trash and ski on peoples $500k  house because it lists it on a map

[JLS]

I'm siding with the State.  Just because something is on a old map it does not mean 1) its correct and 2) it accurate.  I have in front of me a quad sheet dated 1972.  It shows a garbage dump and a ski hill just west of Liberty Lake Wa.  Does that mean I can dump my trash and ski on peoples $500k  house because it lists it on a map

Well, if the dump and the ski hill still existed this might be a more valid comparison.  No one is debating whether the trail has and does exist.  The issue at hand is if a prescriptive easement exists. 

[Bob33]

Another perspective is that many owners paid a premium for their property with the understanding they would have access to public land that is restricted.

[Special T]

Another perspective is that many owners paid a premium for their property with the understanding they would have access to public land that is restricted.

And yet people buy homes next to the airport at whidby island naval air station and get thier panties in a bunch when a new squadron moves in.