Bayfield County to work with landowners
By RICK OLIVO
The Daily Press
Last Updated: Friday, January 23rd, 2004 10:35:51 AM
WASHBURN — Members of the Bayfield County Board Thursday night voted to send the issue of railroad rights-of-way back to the Tourism Committee with instructions for that body to develop a trail plan for the county.
The vote came after an hour-and-a-half long executive session with the board consulting with attorneys about the ownership of former railroad rights-of-way in the county. The motion passed by the board called on the committee to develop maps of the corridors in question, and to work with individuals and landowners to see if resolution is possible over the complex issue of who owns the former railroad routes . The committee was charged to come back to the full board by June first with recommendations and a determination of the percentage of railroad land that has been acquired by state or federal patents or under the railroad right of way act of 1875.
Before the board went into closed session, they heard from a number of county residents who own property along the former Chicago-Northwestern rail corridor running through Bayfield County from south of Cable to Bayfield.
Prior to the closed session, board member Neil Paulson noted that potential recreational snowmobile trails along rail corridors were "obviously a concern" because of groundbreaking court decisions which ruled at least some of the line reverted to the federal government, not to the adjacent landowners. However, he said the county was ill-prepared to deal with the consequences of the court rulings.
"We have been struggling as a body; we don't have all the pieces as a legal matter. The question is: Where are we going? It is an item of concern to the people present," he said.
Those present had no question about where they stood on the matter.
"This is a very complex issue," said Dr. Garfield Brown, who owns property north of Cable along the Chicago-Northwestern corridor. "If there is an attempt to take the grade it will result in protracted, expensive litigation. I am convinced that there is a strong case to be made by landowners."
Brown said litigation involving the landowners and the county would be "a total disaster " for everyone concerned.
Another landowner, Ron Anderson, said he had paid taxes on his section of the corridor for years, noting that he used part of the trail as a driveway and had built a garage on part of it.
"I am opposed to the trail; there must be another place that doesn't affect such big value property," he said.
Property owner John Hawksford congratulated Paulson on recognizing that an overall trail plan was needed.
"If you work with people, you will get more than if you fight with people," he said."
Property owner Linda Morke said she was surprised that her tax dollars were "being used to come up with a plan to take my land away."
In an emotional statement she said she farmed her land and wanted to give the land to her children.
"Please take this into account, please hear us out, let us be involved," she said.
Board member Ralph Frostman said he believed that "misinformation" about the county's intentions had been spread.
"Anyone who tells you that Bayfield County is going to take your land away is telling you a lie," he said.
Cable resident Bill McKinney countered that a Tourism Committee meeting held in Cable made it clear that the corridor was being sought for use as a trail.
"I don't think there was any question that the intention of the tourism committee was to have a recreational trail on the railroad grade all the way from Hudson to Bayfield," he said.
Tourism Committee chairman Kenneth "Bucky" Jardine said those comments had been predicated on the premise that the corridor belonged to the federal government.
Several of the board members stressed the need for the county to work with landowners. The board voted to allow those attending the meeting to speak, even though they were not on the agenda.
"We are not trying to ram anything down people's throats," board member John Blahnik said. "We need to work with the land owners and the snowmobile clubs."