Residents lay claim, and barricades, on snowmobile trails
By DARRELL PENDERGRASS
The County Journal
BENOIT -- With a stretch of railroad grade that serves as a key link in the area's snowmobiling system near Benoit at stake, Federal Judge Barbara Crabb of the Western District of Wisconsin will soon make a ruling in an ownership struggle between Bayfield County and Doug and Judy Mauler.
And though the legal tug-of-war over a section of that particular railroad grade along County Road F could be nearing its end, some adjacent land owners have seemingly taken the law into their own hands.
As of last week about five property owners along the trail in the Benoit and Mason area were reported to have put up barriers or fences restricting traffic along the route. The County Journal is able to confirm that at least two barricades have been erected. Apparently there may be concerns -- valid or not -- that Bayfield County will eventually lay claim to the railroad grade that runs across the barricaded property.
Property owners contacted by The County Journal would not comment on the record at this time, and were concerned about their names being used in the newspaper for fear of reprisals. If any do in fact hold a deed to the grade it could mean a difficult struggle for Bayfield County when winter arrives and snowmobilers begin coming to the area.
On Tuesday Bayfield County Tourism and Recreation Executive Director Patricia Thornton said she was unaware of any barricades along the route. She deferred questioning to the county's attorney.
The arguments are complex and lengthy in the Mauler's case. Both sides have made their legal pitch for ownership. And when it may look over and done with, there's still the possibility Crabb's decision could be appealed -- by either side.
According to briefs filed on Bayfield County's behalf, in 1989 the Bayfield County Snowmobile Alliance purchased ownership from the railroad company the grade that runs across the Maulers' property and deeded it over to Bayfield County. The Maulers say the grade no longer belonged to the railroad company because it had been abandoned and it wasn't theirs to sell.
The county argues their claim is further strengthened because its has been maintained, brushed and cared for at Bayfield County and public expense for at least 10 years. Although the words are not used in the brief, Judy Mauler believes the county is making an adverse possession claim -- and possible future adverse possession claims appear to be the root of concern for some property owners.
Attorney for the county Richard Nordeng said the county believes the grade is theirs, it's a public highway. And yes, if forced the county can argue that in essence there is an adverse possession claim.
"It's the same idea," Nordeng said.
But Nordeng said that in cases where there is a clear ownership of the trail, and easements are given, adverse possession is not possible. However, in some of the instances at issue only verbal agreements appear to have been made.
In 1998 the Maulers, Bayfield County and the Bayfield County Snowmobile Alliance had come to an agreement for an alternative route along the grade. The Maulers were willing to give a four-year easement for the route. The snowmobile alliance wanted a 10-year easement. The Maulers balked out of their own fear of an adverse possession claim.
"That's what we were worried about then," Judy Mauler said. "And here it is again."
In another brief dated Aug. 29, in arguing that Bayfield County had established the grade as a public highway, that the grade had not been abandoned, Nordeng poses a hypothetical question to the court relating other interests involving the United States.
But in stating that the question is premature, Nordeng writes "... in all likelihood will never need to be answered given the County's intention to do whatever it takes to establish a public highway on the lands at issue if it has not already done so."
The phrase -- whatever it takes -- also appears to be a concern.
"I can't speak for the people who've put up the fences now, but that might be why," Judy Mauler said.
Nordeng said the phrase is not meant to be a threat. He says the county is simply ready to do what's necessary legally and within the law to develop that stretch of grade into a public highway, and thereby proving ownership sits with them.