No more access to Aravaipa from the east

Daryl · Posted: 3/30/2005, 10:49 am Post subject:

I'm not an expert, but if your land blocks access to public property I believe you are required to provide an easement.
This case might be different since it's BLM land and not really public land???
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oriole_scott · Joined: 18 Jul 2004 Posts: 166 Location: the cornfields

BLM land is public land (BLM is a federal government agency).

And I also thought that roads through private lands have to be open to the public, but maybe not? On Forest Service lands, there are lots and lots of roads that pass through inholdings (usually you see the no tresspassing signs along the road in these spots). This could set a disturbing precedent if people start closing roads or holding out for money to keep roads open.
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RedRoxx44 · Queen of the Walkabout Joined: 15 Jan 2004 Posts: 1167

While at the Klondyke store a few weeks ago, the owner and several ranchers discussed the " gate" issue. Bottom line, probably an old ranch road thru mostly private land developed later on as access to Aravaipa and others, the county maintains it, but the wheels of the government will turn very slowly.
Don't look for it to open anytime soon.
Look for more vandalism in and around that gate though.
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JW · Posted: 3/30/2005, 7:00 pm Post subject:

The question of declining access across private property via easements, has been a long running issue in Tucson. There are a couple old, rarely-used, THs above Campbell that developers have attempted to fence a few times. Eventually, they might succeed just because no hikers challenge them anymore.

The land belongs to everyone, but vested interests will continue to try to prevent access.
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JW · Posted: 3/30/2005, 7:16 pm Post subject:

Daryl · Posted: 3/31/2005, 6:33 pm Post subject:

I said it's not really public because it's only open to the public via a very limited number of permits. It probably still is considered public but it's very possible the legalities of the issue is different because it's BLM land and not State Park, Nat Forest...

Either way, the BLM simply needs to check to see if there was ever an agreement for an easement. If there was, they need to enforce it, otherwise they can claim eminent domain and simply take it (and don't need to pay for it).
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