FTA Legal and Political Notes

Trail maintenance is relatively easy and satisfying compared to the legal and political work required to preserve trails. However, for the most part we have been amazed at the cooperation and support we have received from property owners and government officials. Often all it takes for a trail to be preserved is for somebody to ask that it be preserved. Many trails have been blocked over the years, but we have had more successful discussions than not.

There is a lot of public land, managed by the U.S. Forest Service, California State Parks and Rec and BLM on the divide. Many of the trails are on public lands and we have found it very easy to work with our local officials.

There are also many trails that are very important that go through private property. These are the ones that are closest to our homes, which our children use and which we regularly use for transportation and everyday exercise. They also provide the connections from our neighborhoods to the trails on public land and the rivers. The best situation is when a property owner grants a dedicated easement for the trail. By granting an easement the property owner gains protection from liability and ensures the future of the trail.

We have a member (Bob Schuster) who is a lawyer and has helped us understand the legal options for property owners who are willing to allow trails through their property. He can help with the legal procedure of granting easements. He has also developed an Example Agreement to Allow Access for trails which provides some liability protection to granters.

The Placer County Board of Supervisors have provided a Trail Development Information Packet which includes examples of:

We have also learned about the legal options for preserving trails without the cooperation of the owner. These options are not optimal and we would have to have an over-riding need before we would consider pursuing them. So far we have not found such a need.

A prescriptive easement is an option for trails where people have essentially been using the trail without permission for more than 5 years. A dedication is an option when the property owner has allowed the public at large to use the trail without even trying to block use.


We have a political action committee which


I believe in property rights; I believe that normally the rights of property and humanity coincide; but sometimes they conflict, and when this is so, I put human rights above property rights.

-- Theodore Roosevelt


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