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Bayfield County says 'no' to claiming land as public highway By CLAIRE DUQUETTE The Daily Press Friday, June 30th, 2006 09:53:40 AM |
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WASHBURN — Bayfield County landowners who claim ownership of former railroad right of way property were relieved Thursday night after the Bayfield County Board rejected a resolution that would have asserted the county's ownership of several stretches of right of way in southern Bayfield County. The resolution, drafted by the county’s Tourism and Recreation Committee, would have declared a portion of the former Chicago and Northwestern corridor as a public highway, giving the county the right to establish a recreational trail on the right of way. Members of the Tourism and Recreation Committee feel the trail is critical to the trail system in the southern part of the county, which is presently not directly linked to the northern part of the county. The county was interested in claiming only a small portion of land, saying it was willing to disavow any interest in right of ways for which it had no need. A portion of the resolution also called for the county to continue to work with landowners to try and reach compromises on trail use. However, many of the 75 or more citizens present at the meeting felt that if the county claimed ownership to any former corridors, it opened the door to claims on other right of way land. Several landowners were present at the meeting, including Linda Johnson-Morke, who with her husband, Fred Morke, owns a farm that straddles the corridor the county wanted to claim. They attended the meeting with their four children, and all wore hand-lettered T-shirts protesting the resolution. Two preschool-age children's bright yellow shirts read "Don't take our land" on the front and "Thou shall not steal" on the back. "Our life has been disrupted by this resolution," Johnson-Morke told the board. "For three years we've been threatened with action by the county." Fred Morke told of being harassed and having livestock killed by angry would-be trail users. "I don't dispute the need for a trail," he said. "But the county should be purchasing the land, not doing legal maneuvering to take the land away from us." Madison attorney Carl Sinderbrand, who is representing the S.C. Johnson Trust in a lawsuit filed Wednesday against Bayfield County, said the precedent the county would set by adopting the resolution and claiming the land could potentially affect many county residents and create uncertainty for anyone who owns railroad grade. On the other side, Jim Nemec of the Chequamegon ATV Club pointed out the desirability of trails that both connect and create loops for riders. He said it is in the best interest of the county to establish trails on public land — which the new corridor would be — as private land is subject to the whims of the property owners. Bob Lang of the Bayfield County Snowmobile Alliance said he represented some 600 club members. "We're looking for a main artery through the county we can depend on," he said. In the end, however, after a lengthy closed session to confer with legal counsel, the board voted 8-5 against the resolution. Voting in the majority were Marko Bichanich, Shawn Miller, Jim Crandall, Tom Gordon, Harold Maki, Dee Kittleson, John Blahnik and Bill Kacvinsky. Voting to adopt the resolution were Brett Rondeau, Dave Good, Bucky Jardine, Jim Beeksma and Wayne Williams. Prior to the vote, former Tourism and Recreation Committee member Jardine expressed frustration with the process, saying the county has been trying to work with landowners for years, getting little cooperation from some. Good said since the county was already being sued, it should forge ahead and provide a needed trail and have the courts answer the question of legal ownership once and for all. "We need an answer to the (ownership) question," he said. Board member Tom Gordon said he was voting against the resolution, and hoped to see what would happen to the lawsuit if there was no resolution. "We don't like the state telling us what to do," he said. "What the hell are we doing telling them we are taking their land? We shouldn't shove this down people's throats."
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