S.C. Johnson Trust opposes right of way initiative
The Daily Press
Friday, June 30th, 2006 09:49:40 AM

By KEVIN MURPHY

For The Daily Press

MADISON — Add the S.C. Johnson Trust to the list of landowners opposing Bayfield County's interest in developing a north-south recreational corridor along an abandoned railroad right of way roughly paralleling U.S. Highway 63.

Some of the descendants of S.C. Johnson, founder of the Johnson Wax Company, have asked a federal judge to find that neither the county nor the United States government has any interest or right to Johnson land in the town of Drummond in the former Chicago and Northwestern right of way.

The suit comes as the county board considers a resolution to have sections of the right of way declared public highway in order to convert the sections to recreational use, said County Administrator Mark Abeles-Allison.

Abeles-Allison had no immediate comment on the suit, saying "this is the first I've heard of it."

The Johnsons' attorney, Carl Sinderbrand of Madison, said the resolution doesn't target his clients’ properties but "they would be affected by the precedent of an approved resolution."

The suit filed Wednesday in federal court alleged that Samuel C. and Imogene Johnson, and their descendants, Dean and Kathryn Johnson along with John and Kay Hawksford, have owned land in the town of Drummond crossed by the old C&NW rail line that was abandoned by 1980. At that time, the railroad conveyed all its interest in the right of way to S.C. and Imogene Johnson by a quitclaim deed.

A year later, the Johnsons donated a portion of the right of way to the U.S. Forest Service where it crossed national forest land. The donation was 80 miles long and about 100 acres. The Johnsons made the donated portion available to Bayfield County for snowmobile use.

In return, the USFS built barriers across the former right of way between U.S. and Johnsons’ lands, separating it from publicly used property and protecting the Johnson property from trespassers.

Barriers were also put up on land the Johnsons sold to Allen Owen, who sold it to the Hawksfords. In 1992, Dean and Kathryn Johnson also acquired some of the Johnson property.

Since 1980, the Johnsons have enjoyed the heavily wooded property, which is directly across a lake from their family residence. The Hawksford and Dean and Kathryn Johnson property is also wooded, with homes or other improvements built on the former right of way.

Snowmobilers and others have wanted to expand the eight miles of donated trail, and sought to knock down barriers on the S.C and Imogene Johnson property and trespass on it and the adjoining properties, according to the court documents.

The snowmobilers have gained the support of a few county board members and beginning in 2004, board members have contended since the county owns interest in the former right of way, it should seize the land and dedicate it to public use. The board has also approved contingent agreements with landowners around Bayfield to quitclaim any interests they have in the old right of way.

These actions have perpetuated a "cloud" on the Johnson lands and disrupted their ability to use their them, the documents say.

In support of their request for a clear title to the lands, the Johnsons claim they have paid county taxes on the land for more than 20 years, including the former right of way. They also claim the Hawksfords and Dean and Kathryn Johnson have paid for more than 10 years.