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Access idea re: landlocked public, PILT, and property taxes

davinski

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Jan 30, 2011
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362
Location
Western Colorado
First, thank you for any landowner who does allow access to public land through their property. I've floated the idea before of taxing landowners who do not allow public access to landlocked parcels that they enjoy exclusive access to. There are many many unintended consequences and a burden of properly enforcing something like that on every county. I just enjoy spitballing ideas with people smarter than me, which is just about everyone. Something to the effect of "Here's your property tax, and here is some additional calculated property tax based on public parcels that your property blocks, unless you demonstrate reasonable access to the public." was what I had in mind. The SD shadiness thread below combined with the WSJ article this week on the WY checkerboard mess got me to thinking. Assuming the consequences were vetted and the idea seemed fair, another leverage tool might be to tweak PILT law to encourage counties to enforce something like this.

I know the whole thing is fraught with land mines. I'm no fan of tax or more government power at any level. I can think of a host of stupid laws I'd love to give up in exchange for something like this. But I'm also a huge fan of letting the public actually access public land. Colorado has a public land access statute that protects landowners from litigation who allow free access. But if they charge for access, then they can be liable for I-broke-my-leg silliness that we all know is out there. I think most western states have similar law.

I own land. I'm not here imagining every landowner twisting their moustache as they plot ways to prevent public access. I know having BLM or USFS land next door is not all roses and rainbows and ranching is no picnic, especially lately. I know "the public" is a very broad term that includes vast quantities of a-holes. I know, depending on what county, landowners in extra-sexy parts of the country may already experience a higher-than-expected property tax rate.

But I'm also a fan of fair. Landowners whose property locks up public usually get exclusive access to additional land for free. Most western counties get PILT money, granted every BOCC you talk to will say it's not enough, for public land within their county because it is not taxable property. Those two factors combined just don't strike me as fair.

What do you all think? Flame away!
 
I agree with you. I have thought the same as well. I'm against taxation, meaning the tax the rich attitude because they don't pay their fair share. That's bull. But having exclusive use of public land has a lot of value. I believe the civil corner crossing lawsuit in Wyoming supports that exact premise. So yes, the Landowner that has exclusive access to land has property that is inherently worth more.
 
Why not incentivize landowners to open access. Penalizing is a very, very poor way to go about accessing.
The other option is states probably need to take eminent domain into consideration to gain easements for public access to public land.

Maybe $0.10 on the dollar for value.
 
Access across private lands best approached with respect and possible compensation to the landowners.

The idea of taxation is punitive to simply owning property others covet. How would we all feel if state or local government taxed our homes if we didn't want to allow people through our yards if we are adjacent to public hiking trail, lake, river, or public golf course?
 
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Yet it’s OK for the extreme minority to withhold access to the majority for lands we all own. With no consideration for compensation for loss of use or access
 
Then there’s zero excuse or reason to allow them sole exclusive access to public lands.
There's zero excuse or reason to allow you access to private lands.

Again; best to approach from respect and some type of compensation for the landowner.
 
Don’t want access to your private land.

And I’m betting 10 to 1 if somebody really dug into it there is an easement to grant access to those public lands. And if the neighboring landowner Expects exclusive access to those public lands, then they get treated the same as their private land. Refused access
 
Access across private lands best approached with respect and possible compensation to the landowners.

The idea of taxation is punitive to simply owning property others covet. How would we all feel if state or local government taxed our homes if we didn't want to allow people through our yards if we are adjacent to public hiking trail, lake, river, or public golf course?
The 5th amendment already ensures compensation and due process when the state decides to use eminent domain.
 
Then there’s zero excuse or reason to allow them sole exclusive access to public lands.
You are barking up the wrong tree, landlocked public land is 100% the government's fault.

Incentives, mostly financial compensation or land swaps, are the most efficient ways to get private property owners to sell a portion of their rights.
 
There's zero excuse or reason to allow you access to private lands.

Again; best to approach from respect and some type of compensation for the landowner.
This is wholly and completely untrue. The simplest and most pervasive examples are things like sidewalks. These are all portions of private property that the government exercises control and development of for the public good. Except homeowners not only get zero compensation for it, they are also held responsible for things like snow removal.

The government fairly compensating for easements when landowners with land-locking property refuse to come to the table for compromise is very reseasonable. Landowners like this do not come with "clean hands" ..... they literally pine about their property rights while purposely excluding the vast majority of PUBLIC land owners to enrich themselves.
 
This is wholly and completely untrue. The simplest and most pervasive examples are things like sidewalks. These are all portions of private property that the government exercises control and development of for the public good. Except homeowners not only get zero compensation for it, they are also held responsible for things like snow removal.

The government fairly compensating for easements when landowners with land-locking property refuse to come to the table for compromise is very reseasonable. Landowners like this do not come with "clean hands" ..... they literally pine about their property rights while purposely excluding the vast majority of PUBLIC land owners to enrich themselves.
Key phrase "public good". Sidewalks, roads, utilities are projects government will pursue eminent domain. Giving you access across private property might be for public enjoyment but it's not essential for "public good".

As someone noted earlier; any landlocked public property is the result of government failure to maintain or provide public access during some land transfer or trade.
 
Key phrase "public good". Sidewalks, roads, utilities are projects government will pursue eminent domain. Giving you access across private property might be for public enjoyment but it's not essential for "public good".

As someone noted earlier; any landlocked public property is the result of government failure to maintain or provide public access during some land transfer or trade.
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