Monday, February 23, 2009

Powerful landowner blocks trail

One of the wealthiest landowners in eastern Maine has some straaaaange ideas about the law.

If a strip of public land runs through your property, do you have a right to block access to this strip? Of course not. But this guy apparently thinks he does.

Maine officials have converted an abandoned rail line into a much-needed public trail for hikers and bicyclists. But the adjacent landowner has put up several barricades to block the trail. He seems to think that when a rail line is abandoned, the right-of-way automatically becomes property of the adjoining landowners, with no strings attached.

That's like saying that if a street becomes abandoned, private property owners can just automatically take ownership of the abandoned street. Well, it ain't so. I've found several abandoned roads around Cincinnati, I can tell you firsthand it isn't so.

The landowner in this case is wrong. At minimum, the state acquired the rail right-of-way from the railroad with the intent on making it a public trail. In fact, one source says the state already owned the right-of-way even when the railroad used it, and leased it to the railroad.

Still, the landowner's signs remain: "This portion of the railroad bed is closed. No trespassing. Violators will be prosecuted." And yes, that's an Allowed Cloud.

It's an Allowed Cloud I'd have every reason to defy, as the state of Maine seems to back me up.

(Source: http://www.bangordailynews.com/detail/100064.html)

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