Bayfield County releases opinion on trail corridor
Nevertheless, the board's statement reiterated the county's conclusion that the old Chicago-Northwestern railroad right-of-way is subject to a federal reversionary interest, making the corridor federal property.
The statement came after the board went into closed session to hear from a Madison attorney about the matter.
Following the closed portion of the meeting, the board released a four-page document substantially similar to a legal opinion prepared by Seattle attorney Charles H. Montange. The document serves as the basis for the county's belief that the corridor belongs to the federal government and not to adjacent landowners who are contesting the county's rights to the old railbed.
Prior to the closed session, the board discussed the issue, with board member Kenneth "Bucky" Jardine serving notice that he intended to make a motion for a resolution that the county obtain the rights to the trail from the federal government. Jardine indicated the county should use those rights as a negotiating tool to obtain a permanent recreational trail from the Sawyer County line to Washburn. He also restated previous comments that the county is not interested in obtaining use of the trail north of Washburn to its end in Bayfield.
However the board adopted a more conciliatory announcement, with all board members except Jardine voting in favor of the declaration.
That statement read:
"The intent of the county board is not to delay a decision on the railroad grade issue, but rather to find a compromise solution through the establishment of permanent alternate trail routes that are less intrusive on property owners than is the railroad grade. The board will release the federal reversionary interest memo, setting forth the facts and law, which the County believes, supports the conclusion that the railroad right of way is subject to a federal reversionary interest. Again, the goal of the county board and the ad-hoc committee is to find an amicable solution to this issue."
Before the formal business of the board meeting started, during the public comment section of the meeting, a number of county residents spoke in favor and in opposition to use of the corridor as a recreational trail.
Phil Lupa of the Town of Pilsen described himself as a small business owner, and asserted the trail was not just for the convenience of a few recreationists.
"Remember what life was like before snowmobiling?" he asked. "Things pretty much shut down."
He said recreational trails provided employment for many, and urged the county to keep the corridor open, accusing trail opponents of having a hidden anti-motorized sports agenda.
Janet Benson, who lives north of Washburn, said many people have already built on the corridor and opening it as a trail would result in safety issues that would be impossible to police.
"By putting the lives of our children at risk you are making an issue that does need to come up," she said.
Bill Damberg, who also lives north of Washburn, said his biggest concern was getting information about the issue. He noted that the county had given him a building permit for the grade itself.
"What happens south of Washburn will affect what happens north of Washburn," he said. "There is a lot of frustration and we need information. Things are getting out of hand; we can sit at a table and work these things out.?
Earl Orner, president of the Bayfield County Snowmobile Alliance Board of Directors gave board members a list of six recommendations.
These called on the county not to accept any proposal giving quiet titles to all property owners on the right of way from Bayfield to the south county line.
To do so would mean giving up all rights under both state and federal laws and would ultimately result in the closure of the trail, Orner said. Instead the county should declare all or part of the trail to be a public highway, eliminate trail blockages and work to establish permanent reroutes where homes are close to the right of way and where adjacent landowners cooperate, he said. The county should grant quit claim deeds where the trail is so rerouted, Orner continued.
Orner also said the county should issue quit claim deeds where neither motorized nor non-motorized trails are needed.
If the county is sued, Orner said, it should immediately file for a declaration of abandonment and a declaration of county ownership of the right of way. He said this would protect the county from further litigation.
Orner said the Snowmobile Alliance had established a legal defense fund with a goal of $25,000 it would make available to the county to help with legal expenses in the event of litigation over the right of way issues. He said the fund already had $15,300 in pledges from a number of groups and individuals.