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Quark Niece of Alvy Moore
Joined: 15 May 2003 Posts: 14152 | TRs | Pics
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Quark
Niece of Alvy Moore
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Tue May 17, 2005 4:35 pm
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Taken from Sammamish Trail thread:
Tom wrote: | I sure wish the inholders up the MFK had more money to fight for their property rights... |
What rights are being violated re the inholders? I missed that part.
"...Other than that, the post was more or less accurate."
Bernardo, NW Hikers' Bureau Chief of Reporting
"...Other than that, the post was more or less accurate."
Bernardo, NW Hikers' Bureau Chief of Reporting
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Tom Admin
Joined: 15 Dec 2001 Posts: 17854 | TRs | Pics
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Tom
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Tue May 17, 2005 4:52 pm
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Basically the right to access to their property. My understanding is the inholders argued that if they had to bear an unreasonable burden of the cost to maintain the road, they effectively lost access to their property. Reading between the lines in the final "decision", it appears the FS worked a deal with them.
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Quark Niece of Alvy Moore
Joined: 15 May 2003 Posts: 14152 | TRs | Pics
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Quark
Niece of Alvy Moore
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Tue May 17, 2005 5:19 pm
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Has it been decided that they inholders do have a right to a maintained road, compliments of taxpayers? If so, aren't you angry about that?
IMO you can't make an owner of property maintain easement, only to provide it. What you do with that easement is your burden. They get a key to the gate to enter the easement. I think that's all they're required to do. I for one, as a taxpayer, wouldn't like my taxes going to maintain an easement to inholders.
If it's to be maintained as bikeable to FS lands and the inholders wish to improve it for their purposes, then of course I understand my tax dollars would be used for the bikeable portion of the cost. But not solely for the use of inholders.
"...Other than that, the post was more or less accurate."
Bernardo, NW Hikers' Bureau Chief of Reporting
"...Other than that, the post was more or less accurate."
Bernardo, NW Hikers' Bureau Chief of Reporting
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Backpacker Joe Blind Hiker
Joined: 16 Dec 2001 Posts: 23956 | TRs | Pics Location: Cle Elum |
Those owners should get together and RENT out keys to the gate. 25.00 or 50.00 for a week or so. I'd pay it.
That way they make some money to help pay for road repair.
"If destruction be our lot we must ourselves be its author and finisher. As a nation of freemen we must live through all time or die by suicide."
— Abraham Lincoln
"If destruction be our lot we must ourselves be its author and finisher. As a nation of freemen we must live through all time or die by suicide."
— Abraham Lincoln
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Damian Member
Joined: 18 Dec 2001 Posts: 3260 | TRs | Pics
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Damian
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Tue May 17, 2005 8:26 pm
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Backpacker Joe wrote: | Those owners should get together and RENT out keys to the gate. 25.00 or 50.00 for a week or so. I'd pay it.
That way they make some money to help pay for road repair. |
Good plan! Look into it.
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aestivate Member
Joined: 19 Mar 2004 Posts: 199 | TRs | Pics
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Tom wrote: | Basically the right to access to their property. My understanding is the inholders argued that if they had to bear an unreasonable burden of the cost to maintain the road, they effectively lost access to their property. Reading between the lines in the final "decision", it appears the FS worked a deal with them. |
One thing missing in this discussion is how these inholders got property up there, and what it consists in. It's all mining claims. Some of it was patented in the last couple of years (owned outright by the claimholder). Most of it is not patented. In either case, these current right-holders paid a pittance for it, thanks to the scandalous 1874 mining act .
I can't get too exercised about property rights which were acquired in this way, at public expense.
I exclude goldmyer from this discussion because they did not appeal.
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Malachai Constant Member
Joined: 13 Jan 2002 Posts: 16093 | TRs | Pics Location: Back Again Like A Bad Penny |
Most of the property is in large tracts 5 acres + held by nonprofit conservation groups some of which have been behind closing the road. hey are valued at 5k per acre and have not been for sale.
"You do not laugh when you look at the mountains, or when you look at the sea." Lafcadio Hearn
"You do not laugh when you look at the mountains, or when you look at the sea." Lafcadio Hearn
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Quark Niece of Alvy Moore
Joined: 15 May 2003 Posts: 14152 | TRs | Pics
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Quark
Niece of Alvy Moore
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Tue May 17, 2005 10:17 pm
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re: the keys to the gate. They'll be Federal property, and stamped clearly. Any reproduction on the keys will be a Federal offence. What will be a shame to the inholders is the constant (I predict) vandalism of the locks from vigilantes.
Compromising with inholders regarding road maintenance costs does not mean its an admission any rights were violated by the FS - it's simply a compromise, whether agreed to between the parties, or arbitrated.
I still see no violation of rights.
"...Other than that, the post was more or less accurate."
Bernardo, NW Hikers' Bureau Chief of Reporting
"...Other than that, the post was more or less accurate."
Bernardo, NW Hikers' Bureau Chief of Reporting
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MtnGoat Member
Joined: 17 Dec 2001 Posts: 11992 | TRs | Pics Location: Lyle, WA |
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MtnGoat
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Wed May 18, 2005 10:41 pm
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there is little that is "scandalous" about the 1874 mining act. as the owners of the land, we have every right to use pieces of it as may be useful, given other considerations such as wilderness areas, of course.
the state receives it's due in the form of taxation generated by sale of the goods and salaries and so forth, the customers receive proven value by choosing to pay for goods they agree on the value of, and the person undertaking all the trouble generates profit for themselves. no scandal.
Diplomacy is the art of saying 'Nice doggie' until you can find a rock. - Will Rogers
Diplomacy is the art of saying 'Nice doggie' until you can find a rock. - Will Rogers
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