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Bears Ears Parcel Falls Into Private Hands

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Waterbaby

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https://www.lakepowelllife.com/bears-ears-parcel-falls-into-private-hands/

Bears Ears Parcel Falls Into Private Hands


June 01
11:32 2017

A square mile of Utah state land inside Bears Ears National Monument sold at auction last week for a record $2.5 million.

Jennifer Speers, the buyer, is affiliated with chapters of The Nature Conservancy and Wilderness Society in Salt Lake City.

The parcel includes the commercial Needles Outpost campground and store.

Speers says she hasn’t decided what she will do with the parcel but promises it will never see heavy development. Possibilities include designating it as a conservation easement or donating it to the Nature Conservancy, which owns the nearby Dugout Ranch.

As to future sales, Brad Brooks with Wilderness Society warns, “This parcel has a benevolent buyer, but there is not enough money in the conservation community to buy every one.”
 

Waterbaby

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This is what the "conservation" groups have been doing in Colorado - in some cases buying up parcels in a manner they blocked people from access to their own property.
 

Endurance

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It seems to me that if someone buys land fair and square, they should have some say in what they do with the land, even if the "do" is to do nothing with it.
 

Waterbaby

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It seems to me that if someone buys land fair and square, they should have some say in what they do with the land, even if the "do" is to do nothing with it.

I agree. I was just noting it has become common on the West Slope and people have been blocked from their own land because of the same groups buying up land and then forcing people who have had land for a very long time to sell to them because they basically blocked them in and then said their previous access is now closed. There has been many articles about this the last few years. Also blocking off land previously used for generations for grazing.
 

VanillaIceCream

Well-Known Member
I agree. I was just noting it has become common on the West Slope and people have been blocked from their own land because of the same groups buying up land and then forcing people who have had land for a very long time to sell to them because they basically blocked them in and then said their previous access is now closed. There has been many articles about this the last few years. Also blocking off land previously used for generations for grazing.



Can you give an specific example of blocking land off from the owner?


Or are you talking about leasing land for cattle and the permit has expired for the grazing? There is a difference. And yup the environmentalist's want the cattle off the BLM land, so I see that happening.

If there is no other legal access to a street or public way to your privately owned land, a easement by necessity is created aka the right of ingress (enter) and egress (exit). The landowner cannot be landlocked... the easement is necessary..not for convenience.

Just wondering.....
 

Dale

Well-Known Member
This is what the "conservation" groups have been doing in Colorado - in some cases buying up parcels in a manner they blocked people from access to their own property.
I saw an article about that a couple of years ago, where someone blocked an easement to a private parcel in the forest. If I remember correctly, guns were involved and the property owner has his recorded easement and access back. Without hiring a slip and fall scumbag lawyer.
 

Dale

Well-Known Member
Can you give an specific example of blocking land off from the owner?


Or are you talking about leasing land for cattle and the permit has expired for the grazing? There is a difference. And yup the environmentalist's want the cattle off the BLM land, so I see that happening.

If there is no other legal access to a street or public way to your privately owned land, a easement by necessity is created aka the right of ingress (enter) and egress (exit). The landowner cannot be landlocked... the easement is necessary..not for convenience.

Just wondering.....
In AZ, if there is no legal, recorded access to a parcel it can be landlocked, where the owner has no access to it. Our company went through a lawsuit over that issue some years ago, where there was obvious physical access, a well traveled drive, but no recorded easement. We now have a detailed disclosure affidavit we require from sellers on all properties we list that are not in a recorded subdivision. We also require title searches that prove legal and physical access.
 

Waterbaby

Moderator
Staff member
If you google landlocked easements it is actually pretty common and a growing issue in WY, MT and CO - a lot of BLM land that was open for hunting, is inaccesible and the new owners of the land will not allow people to cross their land to get to the BLM land. We even have an issue here on Havasu in the channel where some Condo's were built back in the 80's. The owner "claimed" he owns to the middle of the channel and has security run off anyone who is not a resident and pulls up on the beach - even though technically anything below the high water mark is supposed to be public access.... the interesting thing about them supposedly owning to the middle of the channel - to date never paid property taxes for the property beach property they claim they own and will not allow used.

Then there is this Colorado case that has now been settled.... there has been more, but I don't have to do the in-depth research for you right now - I know there was another case a couple of years ago in Telluride area.

http://www.dailycamera.com/ci_13106856
 
Can you give an specific example of blocking land off from the owner?


Or are you talking about leasing land for cattle and the permit has expired for the grazing? There is a difference. And yup the environmentalist's want the cattle off the BLM land, so I see that happening.

If there is no other legal access to a street or public way to your privately owned land, a easement by necessity is created aka the right of ingress (enter) and egress (exit). The landowner cannot be landlocked... the easement is necessary..not for convenience.

Just wondering.....

That's not how an easement by necessity works--there is more to it than that. You, in fact, can be blocked from accessing your land if you don't have access between your land and a right of way, except for under very particular circumstances (your property rights [access to your property] don't trump my property rights [keeping you off my property] except in special cases). As a real estate lawyer, I run into this issue with some regularity--most recently when one of my family members tried to purchase a landlocked parcel last year.
 

VanillaIceCream

Well-Known Member
That's not how an easement by necessity works--there is more to it than that. You, in fact, can be blocked from accessing your land if you don't have access between your land and a right of way, except for under very particular circumstances (your property rights [access to your property] don't trump my property rights [keeping you off my property] except in special cases). As a real estate lawyer, I run into this issue with some regularity--most recently when one of my family members tried to purchase a landlocked parcel last year.


I quoted the Dearborn Real Estate manual...but I'm sure your correct.
 
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