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Landowner blocks rail trail access, getting sued by state of ME.
Bangor Daily News ^
| 02/22/2009
| Eric Russell
Posted on 02/23/2009 4:41:18 AM PST by tj21807
"Dale Henderson, a prominent Maine landowner who owns two pieces of land that the new trail runs through, is challenging the state over ownership of parts of the new Sunrise Trail. About 50 miles of the project recently was opened to hikers, bikers, cross-country skiers, snowmobiles and all-terrain vehicles.
But Henderson isnt waiting for the courts to decide his fate. He already has taken matters into his own hands.
The landowner recently erected barricades to stop users from traversing his property. In the town of Hancock, Henderson put up a berm on the tracks at one end and a stone wall at the other end. On a smaller piece of land in the Washington County town of Steuben, he built berms on both ends of the 50-acre property where the tracks run through."
(Excerpt) Read more at bangordailynews.com ...
TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: castledoctrine; easements; eminentdomain; kelo; propertyrights; rightofway
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I say good for this guy, the second someone gets hurt on that proposed trail they will sue him, the state needs to get the property owner's permission!
1
posted on
02/23/2009 4:41:18 AM PST
by
tj21807
To: tj21807
“Virgil Bliss was the dirtiest man in Hancock County”.
2
posted on
02/23/2009 4:46:11 AM PST
by
Past Your Eyes
(Some people are too stupid to be ashamed.)
To: tj21807
Good for him.the state has no business putting bike/skimobile trails on his land.
3
posted on
02/23/2009 4:49:28 AM PST
by
omega4179
(1.21.13)
To: tj21807
It is a former railroad right-of-way, though. Is it his property? Did he purchase it from the former railroad?
To: tj21807
Trails are covered by insurance policies purchaced by the towns, just as regular parks are.
5
posted on
02/23/2009 4:54:13 AM PST
by
Mark was here
(The earth is bipolar.)
To: tj21807
It is more than likely that he may own the land but it carries an easement or right of way for a railroad that is long gone. The railway route is now a trail and may be very legal.
The land owner is likely not aware of the old right of way ownership. A real estate agent may have told him the old easement no longer applied. When the rail road ceased, it might have been ceded to the state for back taxes.
6
posted on
02/23/2009 4:57:26 AM PST
by
bert
(K.E. N.P. +12 . The original point of America was not to be Europe)
To: tj21807
Old railroad property is commonly turned over to local municipalities which then in turn can either hold on to the land or put it up for bid. If this landowner does not hold the deed he clearly is in the wrong. As for people getting injured, Im not sure what the law in his state is but here in N.Y. a land owner cannot be sued if they open their land up for recreation free of charge. Unless the landowner clearly goes out of their way to endanger people entering the property they enter at their own risk.
7
posted on
02/23/2009 4:57:49 AM PST
by
Realism
(Some believe that the facts-of-life are open to debate.....)
To: Londo Molari
Is it his property? from the article
Based on our research, were confident he owns that former rail bed and therefore has a right to post his property."
8
posted on
02/23/2009 4:57:59 AM PST
by
from occupied ga
(Your most dangerous enemy is your own government,)
To: Mark was here
True, but not if that person wanders off the trail (chasing wildlife, to find a scenic view, use the restroom, etc.) into his property and then gets hurt.
This guy wanted a fence built alongside the trail to prevent that from happening.
9
posted on
02/23/2009 4:59:30 AM PST
by
tj21807
To: tj21807
If someone gets hurt on his barriers, the State will have more than just a trail thru that property - they’ll have a park.
10
posted on
02/23/2009 5:00:25 AM PST
by
Obamageddon
(Birth certificate and college transcripts will be required for Federal employment, Mr. Soetero)
To: from occupied ga
11
posted on
02/23/2009 5:00:31 AM PST
by
driftdiver
(I could eat it raw, but why do that when I have a fire.)
To: bert
Or it may be that his deed carried a reversion clause that upon abandonment by the rr, the right-of-way would revert back to the deedholder.
I know for a fact that the rail-to-trail fanatics would like to make you believe otherwise.
This same thing happened to me. I fought the trail successfully because the rr had abandoned the property a decade before and my deed said I recovered the right-of-way. The County did everything short of eminent domain, then abandoned the idea when it was pointed out to them how much it would cost to buy 15 miles of former right-of-way.
12
posted on
02/23/2009 5:00:51 AM PST
by
nicola_tesla
(www.fedupusa.org)
To: Londo Molari
"It is a former railroad right-of-way, though. Is it his property?"
I don't know the specifics of this case, but here in Illinois is was not unusual for railroads to leas in perpetuity land from farmers with the condition that if they ceased operation the land reverted to the original owner. It became a big issue when all the railroads were abandoning there track in the 1980s and wanted to use the land to run power lines. The farmers didn't mind a seldom used siding on their land, but objected to giant high tension towers and wouldn't sign new leases.
13
posted on
02/23/2009 5:02:34 AM PST
by
GonzoGOP
(There are millions of paranoid people in the world and they are all out to get me.)
To: nicola_tesla
.....it may be that his deed carried a reversion clause .....
I know. It may also be, as it locally occurred, that at some point the state acquired the right of way as creditor of the railroad and the route was never abandoned.
It causes never ending hard feelings.
14
posted on
02/23/2009 5:09:23 AM PST
by
bert
(K.E. N.P. +12 . The original point of America was not to be Europe)
To: from occupied ga
Some rail easements ceded land back and some did not. Sounds like his lawyer did the research and will not allow his land to be torn up by atv’s
15
posted on
02/23/2009 5:14:36 AM PST
by
omega4179
(1.21.13)
To: Realism
For the Macomb Orchard Trail, many local governments had to work together and buy the property from the railroad. If they failed to purchase it, the land would have reverted back to the original plots. Having long right of ways under public ownership may be a big plus if some future technology makes them useful for transportation use again. In the meantime trails and parks will be a good use.
16
posted on
02/23/2009 5:16:36 AM PST
by
Mark was here
(The earth is bipolar.)
To: omega4179
Sounds like his lawyer did the research . . . . That was the point of erecting the berms and barriers. If the landowner simply tried to negotiate with the State of Maine, the process would've been unending. Now, it will be resolved one way or another in court.
It also looks like the landowner would settle for the State springing for some fencing.
17
posted on
02/23/2009 5:24:35 AM PST
by
1rudeboy
To: omega4179
Personally I hope he wins.
18
posted on
02/23/2009 5:25:01 AM PST
by
from occupied ga
(Your most dangerous enemy is your own government,)
To: Mark was here
In the meantime trails and parks will be a good use. Says who? If people want to tramp over country land let them buy farms and tramp over their own land. Otherwise go to existing parks or stay home. The last thing this country needs is an expansion of government ownership of property.
19
posted on
02/23/2009 5:28:00 AM PST
by
from occupied ga
(Your most dangerous enemy is your own government,)
To: bert
“A real estate agent may have told him the old easement no longer applied. “
Who, in his right mind would consult a real estate agent over legal properity matters.....
20
posted on
02/23/2009 5:28:09 AM PST
by
thinking
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