Unless the county has an existing easement on the road, I think the landowner would probably be able to resist a prescribed easement claim against the current use since the US Forest Service has alternative land to make an access.
Unless the county has an existing easement on the road, I think the landowner would probably be able to resist a prescribed easement claim against the current use since the US Forest Service has alternative land to make an access.
When I bought my property there was a road running through the middle. The timber company behind me had a gate at the other end. I went to public works at the county and since both properties on the road wanted it closed they closed it. It was probably just one less road to maintain. This may be a similar situation
There’s a Dateline podcast with this exact scenario that played out in Montana. The guy with bolt cutters is no longer with us.
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Looking at the Berkeley County tax records, they have three separate addresses listed on Cooper Ridge Rd.
Plum Creek sold 3200 acres or more to the folks at those addresses. The land they sold appears to be from the paved road going in about a mile before you get to the back of the Plum Creek property and enter into the Francis Marion National Forest.
The road to access the National Forest has been accessible for at least 50+ years that I know of. Hell, I hunted it for the first time 35 years ago.
Sounds like somebody bought 3200 acres up front and got an additional 10,000 acre playground for free.
No one owns both sides of the road. 60+/- on one side 70+/- on the other and a cemetary cutout on one side. Trespassing is not a capital offense that I am aware of. I'm never planning on going down that road, but if I did, no one could legally stop me.
This is what I would think. That’s not the USFS only access to that parcel, and it’s not a landlocked parcel. Unless that’s deeded access, or a county road I think the landowner has a case. I say good on him for trying. Keep the miscreants of the greater Alvin area out. Plus that’s not the only way into those woods. There’s a very large access on the other side or you could walk. Personally I think there’s way too much truck access in the FMNF to begin with.
More Ducks, Less People
If that were the situation……but it’s not.
It’s a FS road built and maintained by the FS with an easement across the private land for public access that has been in place for decades.
I think their argument is that the Govt doesn’t provide maintenance on the road, and that it was originally a “forest service access road” not a “public access road”..
Kind of like when the Govt. Puts in gates to prevent people from using roads..
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People do that so that the WMA becomes their private hunting ground...........I'da hooked a chain to it and snatched it down.
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