Review of the Law of Easements
Continuing education course available,
document covers fundamentals of easement law and more. Concepts
discussed enable an understanding of many principles of easement
law in this country.
By Schroeder Law Offices,
Serving Oregon, Washington, Idaho & Nevada since 1991
An informative website on right of way issues presented as a
public service by
Allen, Williford & Seale,
Real Estate Appraisers
Old Mountain Road Opened to Motor Vehicles" - By James
McCulley, President, Lake Placid Snowmobile Club, Lake Placid,
N.Y., Thirteenth Annual National Conference on Private Property
Rights (PRFA, Lake George, N.Y., October 17, 2009)
Jim McCulley's first-hand account of his successful
battle to restore motorized use to Old Mountain Road between
Keene and Lake Placid brings the entire history to life. This
is the first time DEC has been forced in court, both in the Essex
County Supreme Court and in the DEC Administrative Court, to
open up a town road that the agency tried to close.
- "DEC Administrative
Judge Rules in Favor of McCulley's Use of Old Mountain Road"
- By Carol W. LaGrasse, PRFA, May 31, 2009
The DEC's Chief DEC Administrative Law Judge James
T. McClymonds concluded that the Department of Environmental
Conservation staff failed to overcome the presumption that Old
Mountain Road between the towns of North Elba and Keene in Essex
County continues to exist as a public highway, whether as a town
road or other legal public right-of way. DEC Commissioner Alexander
B. Grannis then dismissed the DEC enforcement proceeding that
had been brought against James W. McCulley because he drove his
truck into the Adirondack Forest Preserve on the road.
- DECISION AND ORDER OF THE COMMISSIONER, May 19, 2009, In
the Matter of the Alleged Violation of Article 9 of the Environmental
Conservation Law and Part 196 of Title 6 of the Official Compilation
of Codes, Rules and Regulations of the State of New York, by
James W. McCulley, Respondent, DEC Case No. R5-20050613
HEARING REPORT OF THE CHIEF ADMINISTRATIVE LAW JUDGE, March 27,
2009, In the Matter of the Alleged Violation of Article 9 of
the Environmental Conservation Law and Part 196 of Title 6 of
the Official Compilation of Codes, Rules and Regulations of the
State of New York ("6 NYCRR"), by James W. McCulley,
Respondent, DEC Case No. R5-20050613
Judgement over Survey Maps in Property Encroachment"
- By Edwin Navin, Montreal, Canada, and Property Owner in Saranac,
N.Y., Select Citizen's Panel - Brief Presentation, Twelfth Annual
National Conference on Private Property Rights (PRFA, Albany,
N.Y., October 18, 2008)
Mr. Navin discussed a critical aspect of his case, Navin
v. Mosquera, which also involved the Adirondack Park Agency
and the New York State Department of Environmental Conservation.
His surveyor showed that the bridge built by his neighbor Mosquera
encroached over the boundary, but the court accepted Mosquera's
survey claiming there was no encroachment and awarded a summary
judgment without hearing the evidence.
Navigable Waterways Controversy" - By John S. Marwell,
Esq., Shamberg Marwell Davis & Hollis, Mt. Kisco, New York,
Eleventh Annual National Conference on Private Property Rights
(PRFA, Albany, N.Y., October 13, 2007)
Recreationists are trying to create new rights by re-defining
the well established standard of navigability in favor of the
public at the expense of property owners. The Sierra Club and
a group within the New York State Attorney General's Office
and Department of Environmental Conservation orchestrated an
effort to pass regulations and use a test case to create a right
of passage by canoe or kayak, including extensive dragging and
portaging. The Sierra Club's test case was to send canoeists
down the shallow, rocky river through the Adirondack League Club's
53,000 acres of pristine property. The club sued the canoeists
for trespass and the state intervened in favor of the canoeists.
The Court of Appeals adhered to the traditional standard of commercial
utility but added a recreational use test, which was narrowly
defined in a settlement.
- Our walk to a small graveyard along an old Indian Lake
town road barricaded by New York State Department of Environmental
Conservation (DEC) to enlarge the Adirondack Forest Preserve
wilderness shocked us with the realization that DEC is eradicating
roads, trails, and history.
County Judge Saves Old Road Through Forest Preserve"
- By Carol W. LaGrasse, PRFA, April 27, 2005
Overturning the conviction of James McCulley for driving his
snowmobile on Old Mountain Road in the Adirondack Forest Preserve
in the North Elba, Judge Andrew Halloran ruled that the road,
established by the Legislature in 1810, could not be closed by
the Department of Environmental Conservation's regulations.
Access to Great Sacandaga Lake is Squeezed"
- By Carol W. LaGrasse (Reprinted from NY Property Rights
Clearinghouse, PRFA, Fall 2003)
Conflicts raged over the Hudson River - Black River Regulating
District. The District tried to raise access permit fees over
300%. Access permit holder John Barber's Hunt Lake Holding
Company sued to keep his lake access location, which the District
changed without notice.
a Town Highway - Worth Commenting" - By Carol W. LaGrasse
(Reprinted from the New York Property Rights Clearinghouse,
Nearly all town highways in upstate New York are "highways
by use." Records have been poorly kept since the
"pathmaster" system of many highway districts
in each town ended in 1908. Justice in determining which old
roads are highways is needed. Town boards should take the responsibility
for determining the full extent of their town's highway