Having a debate with my coworker today regarding access rights to a parcel of land in Maine. The parcel was historically accessed by a public highway, now discontinued with no public easement retained, no compensation paid. We both agree that private rights of access remain to the individual lots that were accessed by the public highway. The United States then purchased a back lot; fast forward 80 years and the USA would like to rebuild the road for timber purposes.
My coworker’s opinion is that since the USA purchased the lot and the lot is now owned by all citizens, everyone has a right to use the discontinued road, making it a quazi public easement.
To me the USA purchased whatever rights the grantor had in the road (private easement) and it would give the USA at most administrative rights over the road.
What say you?
The US Has No More Rights Than Any Adjacent Owner
The US may upgrade the road for their convenience but that cannot prevent any other allowable user access.
Paul in PA
It depends upon who "USA" is and for what purpose the property was acquired. What act was the land acquired under? Was it a Forest Service exchange? Was it the USA Military? Was it the Post Office?
Basically, I'd agree that it's open to public use only if it were acquired as Trust Land where the individual citizens are the owners with access as regulated by the Agency controlling the acquisition and purchase. If it's acquired for Agency use only, then only the Agency and its appointees would have access (i.e. not public land).
You'll have to look at the federal land act that authorized the purchase to know for certain.
JBS
JB, US Did Not Purchase Access Strip In Question
US acquired use via acquisition of a parcel with rights to access.
Paul in PA
USA land managed by the Forest Service, condemnation under the Weeks Act.
(Road in question leads in for about 1/4 mile to property boundary)
I just have a hard time with taking access for 1 person / family and expanding it to the entire nation.
No worries, the USFS will bypass any formal legal r/w rights through their "Motorized Travel Management Plan". The road will not be added to the national forest road system and will be considered "off-system" and off-limits to the public.
However they will allow a Special Use Permit for the adjacent land owners (which will require an annual fee to cover NEPA reviews).
