Using a Mining Claim to shut off FS Access?

[Nunyacreek]

I got a little more info. The FS is well aware of this situation. The main FS road has a public easement on it, and the one signed trailhead and numerous gated roads/ non-motorized gulches off the main road do not. The deeded easement does not touch adjacent FS for the most part so the access to the adjacent FS lands is effectively cut off by private property. This is a LOT of lost access. Shame on all of us, I guess who saw the battered “for sale” signs for years and didn’t do anything. That certainly includes me.
Many or all of these access points probably have claims of prescriptive easement, having been used and maintained for years by the public and the FS. One can either trespass, quit going, or work to assert those claims though legal channels.
If there is any doubt about the landowners future intentions - a friend was camped last weekend in a traditional dispersed camping area on the land that was recently sold. After setting up, Broadwater county Law Enforcement came along and told everyone they were trespassing and had to pack up an leave. This is legally defensible, as it is private property, it doesn’t matter that people have camped here for years.
The real question is what will the new landowner do when someone uses the marked trailhead or gated road…? And specifically whether l enforcement will ticket them. Has anyone tried this yet? I think for the time being at least, dispersed access and access to the trail behind the new cabin area is effectively gone. Sucks.

 

[Cornbread]

I'd really be curious what the local FS office had to say.

Agreed

 

[MTHunter1321]

The real question is what will the new landowner do when someone uses the marked trailhead or gated road…? And specifically whether l enforcement will ticket them. Has anyone tried this yet? I think for the time being at least, dispersed access and access to the trail behind the new cabin area is effectively gone. Sucks.

When I went, there were two trucks parked on FS at the marked trailhead. Seeing that prompted me to ask the landowner when I ran into him whether or not that was permitted and as expected, he was adamant that it wasn’t. Not sure what the repercussions would be if you parked there and ended up getting something on FS property and packed it back to your truck. For me though, wouldn’t be worth risking losing an animal over.

Sucks for sure. The guy is doing himself no favors in winning over any friends and neighbors.