Franklin County / Peterson Road

[Grumpy]

Franklin County's grant application for aquisition and improvements on Peterson Rd. going to Juniper Dunes has been turned down. Information recieved this morning from Earl Nettnin. Bad news indeed. I suggest we all call Doc Hastings to express our disappointment. Apparently it was deemed more apropriate for it to go to "Ureben Areas", whatever that means!!

[Danny]

Dave, that sucks

Have you got a phone numbe or e-mail address to right the sucka

[Grumpy]

Danny, the best we can do at this point is to let Doc know how we feel, and keep the pressure on the BLM for results. I think the County did a good job, they just got outgunned. It really isn't their job to open Juniper access, it's the BLM's, and they ain't doing to well with it. "Budget" you know. With their history of thumbing their nose at Congress, could be fun. You can get contact info for Doc and the BLM on line. I don't feel to comfortable with our U.S. Senators, given their support of expanding the Wilderness designations in the State, but we can try to get some comment out of them. I have had phone contact with Murray's office in D.C., and it wasn't a bad conversation. We'll see...

[Danny]

Okay, what should the flavor of any conversation with them be? Should I just express the importance of keeping the access open, should I bad mouth the BLM or what?

[Grumpy]

Technically, there's never been legal access It's always been private road, and the owners finally got tired of our not so neat brethren messing it up, as well as liability issues. I think the tack to take is to keep it in Doc's sights, and to remind the BLM, oh, say, once a week, that we're not going away, and we want legal access without having to worry about a gate going up. They didn't take care of a right of way in there when they got the land, and that was a major error they should be required to rectify Guys are going out there now via Peterson Road, but that's not to say the owners may not block it again. It's 3 miles in from the pavement, and the agreement that BLM is so proud of only covers the last mile that DeRuyter owns, leaving the first 2 miles out. Myron Peterson, whe doesn't even own the property anymore, has tried to raise a stink, but really has no say, despite what the Herald may have stated. All rather annoying as to who has control. I need to have Doug Conner lay it all out for me again so I can get it in here...

[Grumpy]

21. I am a land surveying student, and from what I have learned, there is a term in law called "Laches". This doctrine provides an equitable defense to the vigilent, and not to those who slumber on their rights. If this activity of the public using the land for access has gone on for several years, and there has been no action to stop the ingress/egress, the owner has "slumbered" on his/her rights. Even if there are other access roads, there is a strong case for the public.

In my opinion, eminent domain should be executed. This power is used to acquire land for public highways, roads, and other uses that would benifit the public, and as was mentioned above, this is a good case in which eminent domain should be used.

Posted by: brf7 on

Just found this interesting. Not that it is applicable here, as there have been efforts at stopping ingress.