🚀 go-pugleaf

 "Robert M. Lewis" wrote:
 
> A trail which I use ocassionally (a dozen times a year maybe) one day
> last week had a fence across it.  The trail (now less used than it once
> was) was on public park land.
>
> I called the park office and was told that the land which part of the
> trail ran across had been exchanged with the neigbouring farmer for some
> other land (actually to build a highway right through the park but that
> is another crime story).  I argued that the trail constituted
> a public right-of-way.  Their opinion was that as the land was now
> private and, combined with the fact that they had not been maintaining
> the trail, there was no public right-of-way.

With all due respect to park employees, they know diddly about real
estate law.  

> From what I know of the farmer he is a reasonable person.  The nature of
> the trail means that there would be no motorized of even bicycle use of
> it.  He has done nothing with the land yet (except fence it) but I
> imagine he will start to put crops in it at some point.  While one could
> skirt any area cultivation to get to the rest of the trail (still on
> public land) one does need to go on his land to get to the rest of the
> trail.
>
> I want to keep using the trail. While I guess I'll just go over the
> fence for the time being but I'd like to know exactly what my rights
> are. Should I inform the farmer of the existance of what I perceive as a
> right of way or just use it?  Am I correct in assuming that a public
> right-of-way exists?
>
> Robert M. Lewis

Your best bet is to call The Nature Conservency, remind them that you
have been a (small) financial supporter for years and have also worked
in their grassroot political organizing. Better yet, call some of the
officers there with whom you have worked, suggesting that they buy
either the land or an easement for the trail. If you volunteer to
raise some of the purchase money locally, you are more likely to get
someone's attention,

Or, in a week or two, when you once again attend your Sierra Club
chapter's monthly meeting, explain what is going on, and ask if anyone
will accompany you on a visit to the farmer. A couple of you asking
for the farmer's cooperation might just be enough.

Now, aren't you glad you have been doing the right thing all along.
Going to these organizations to introduce yourself for the first time,
hat in hand, is not the best way to keep your hiking trails open.