Court Decides in Favor of State of Michigan in Houghton County Rail-Trail

[Skunk]

Court of Appeals Decides in Favor of State of Michigan in Houghton County Rail-Trail Case

Contact:  Ron Yesney, 906-228-6561, Agency: Natural Resources

Dec. 29, 2009

The Michigan Court of Appeals has upheld a circuit court decision recognizing the State of Michigan's rights to a rail-trail in Houghton County, DNR officials announced today.

In 2005, the State of Michigan notified several landowners who had erected barricades on a state trail that they must remove the obstructions/encroachments. The rail-trail, which utilizes a Soo Line Railroad corridor, was acquired by the state in 2003. The property owners refused to remove the barricades and the state filed a formal case in court to resolve the issue. The rail-trail has served as a popular commuter link for bicyclists who travel between Chassell and Houghton.

Houghton County Circuit Court found in favor of the State of Michigan in 2008, determining that the state does indeed have the right to use the rail cooridor. The property owners appealed the decision, and recently, the Michigan Court of Appeals upheld the circuit court decision in favor of the State of Michigan.

"We are pleased that the Court of Appeals has ruled in favor of the state, agreeing that we have legal rights to use the disputed rail-trail between Houghton and Chassell, and that the public has a right to recreate there," said DNR Recreation Specialist Ron Yesney. "The Houghton to Chassell trail serves as an important link in our multi-use trail network and we look forward to its continued enjoyment by our user groups."

For more information about the DNR's state trail system, go online to michigan.gov/dnr

http://www.michigan.gov/dnr/0,1607,7-153-10371_10402-228686--,00.html

[theoldarcher]

Good job! 

I wish the State had been on the ball when the RR through parts of St. Joseph County and neighboring counties was abandoned.  What a great addition to have had a bike/hiking trail through some wonderful, scenic real estate.  Instead the property is now private property and not usable by those with an interest in hiking/biking.

Arch

[GRIMJIM]

I wonder why the landowners put up the baricades in the first place. They were having some sort of trouble I bet.

[theoldarcher]

Maybe, but it could be for the same reason folks with private property abutting public access to lakes and rivers were erecting blockades and fences--it's their land.  You also see it along beaches where private land owners try to keep people from walking on 'their' beach that is more often than nor public.

Arch

[zr800o1le]

Most of em were Upset because the Rail Trail is also used by Snowmobiles as aVital link between the two Towns.
Just a Bunch of Tree Huggers in my opinion, Wanted it "ALL" to themselves because they thought they should Control who and What!!