I read the attached article and ended up confused. Is the theory that the FS trail has existed for a long time, and therefore must have been approved or accepted by the owners at the time.
Would Montana law about such uses be the key to this application, even if one party to easement is the U.S. Government?
If state law is key, is this an area of law that is consistent among western states?
Keep Calm and Carry On?
Heck No.
Stay Excited and Get Outside!
0
Keep Calm and Carry On?
Heck No.
Stay Excited and Get Outside!
I think the case depends on proving the prescriptive easement. My understanding is if the trail has been used by the public for 5 years in MT it cannot be closed by the landowner. That time period may vary by State and I think (not a lawyer) it is State law that applies.
I have hiked a few trails in E WA that were marked on maps but did not have a trail number. They did cross private property for a bit. Interests me because I would like to see them remain open.
I do know of a FS right of way across private land that has been closed to the public by the timber company that owns the land it goes through. This is locally on the Humptulips drainage.
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