[Vision2020] LMT -- Everyone hears this tree fall

[Mark Solomon]

Phil,

I agree entirely that a private landowner can and 
should dictate what types of uses are allowed or 
not allowed on their land. The sad reality is the 
explosion in use of ATV's dirt bikes, 4WD's, 
snowmobiles, etc has led to increasing damage to 
both public and private lands. Paying to play is 
fine but if the underlying need for payment as 
put forward by potlatch is to address motorized 
recreation abuse, then why ask for a public 
handout when law enforcement and education can 
and does work.

As an example, private property owners on Moscow 
Mountain were faced with the same dilemma: 
escalating motorized rec abuse of our lands. What 
did we do? We met and coordinated an 
information/education campaign combined with 
requests to the sheriff for increased law 
enforcement presence. While the problem hasn't 
entirely gone away, it is dramatically less of an 
issue than it was as little as two years ago.

The major gap in the enforcement issue is the 
lack of teeth in the state's trespass laws. 
Except in unuusal circumstances, even if the 
landowner or sheriff catches a 4WD or ATV behind 
an obviously locked gate, there is nothing they 
can do unless the property is legally posted and 
even then it is a civil issue requiring the 
landowner to prove property damage.

It's easy to see why motorized recreation abuse 
on private lands continues to be a problem.

Then there's the historical issue of how Potlatch 
essentially stole their lands from the public 
domain, but that's another story we don't have to 
get into here.

Mark


At 9:56 AM -0800 1/26/06, Phil Nisbet wrote:
>Mark
>
>Any landowner has at least some sort of right to 
>allow or not allow access to their property. 
>You do not get instant access to the farmer's 
>fields to drill holes or to recreate.  People 
>can not use your ground up on Moscow Mountain as 
>a target range without your approval.  So why 
>exactly should Potlatch or Bennet or any timber 
>company who owns land be required to grant the 
>things that the rest do not gratis?
>
>If a farmer or you post your property off limits 
>and another party comes to you asking to use 
>your land for some purpose that you deny to the 
>general public, you have every right to expect 
>that person asking for the use of your lands to 
>pay you.  You can also chose to allow some uses 
>on your land and not to allow others.
>
>Frankly if the public funds aspects are that big 
>a problem, maybe the land in question should be 
>closed to public use.  No pay, no play and they 
>can always do what ever deal with individual 
>recreationists who want to put up funds 
>themselves.
>
>Extra law enforcement does not repair damaged 
>roads, destroyed trees or pick up garbage left 
>by people using another persons land as if it 
>were their own.  Even if they bust some of the 
>people creating problems, those folks never 
>recompense the property owner for the harm done, 
>they pay a fine or do jail time and the money 
>goes to the government, not the land owner.
>
>Phil Nisbet
>
>>From: Mark Solomon <msolomon at moscow.com>
>>To: "Area Man (Dan C)" <areaman at moscow.com>, <vision2020 at moscow.com>
>>Subject: Re: [Vision2020] LMT -- Everyone hears this tree fall
>>Date: Thu, 26 Jan 2006 08:59:37 -0800
>>
>>This is the letter I sent to the Tribune and 
>>our local legislators after reading the article 
>>Dan posted below. DANG, is right!
>>
>>Mark Solomon
>>
>>It is very interesting to note that when 
>>Potlatch spokesman Mark Benson discussed 
>>solutions to the problems of motorized 
>>recreation abuse of Potlatch lands with the 
>>Legislature, the solutions he proposed all 
>>centered on how much money Potlatch could lift 
>>out of public treasury into their own wallet. 
>>Glaringly missing from the proposals was the 
>>one that not only makes the most sense but 
>>would benefit all private forest landowners: 
>>pass laws that would give local law enforcement 
>>the ability to arrest, prosecute fine and jail 
>>people who destroy gates, mud bog, pioneer 
>>trails, destroy seedlings and otherwise damage 
>>private property with off-road motorized 
>>vehicles. It is time for the Legislature to 
>>update the trespass laws to meet this very real 
>>threat to public access to private land. The 
>>public at large should not be paying for the 
>>very real damage caused by motorized recreation 
>>abusers. Potlatch should be seeking solutions 
>>to the problem, not balancing their checkbook 
>>with the public treasury.
>>
>>
>>
>>
>>At 7:48 AM -0800 1/26/06, Area Man \(Dan C\) wrote:
>>>I'm all for private property rights, but DANG!  This could affect a lot
>>>of people.
>>>-----------------------
>>>Everyone hears this tree fall
>>>
>>>By DEAN A. FERGUSON of the Tribune
>>>
>>>BOISE -- Potlatch Corp. could lock up 670,000 acres in the heart of
>>>north central Idaho, ending a 102-year legacy of free public use.
>>>The company's land holdings include 54,000 acres in the St. Joe River
>>>Basin that could be protected from development if a deal to buy
>>>development rights is finalized.
>>>
>>>Closing the 670,000 acres from Coeur d'Alene to Orofino is a real
>>>option, Potlatch spokesman Mark Benson told a joint meeting between
>>>House and Senate environment and resources committees Wednesday.
>>>
>>>"The bottom line is public use of private forest land is on the
>>>increase," Benson said.
>>>
>>>Potlatch Corp. loses about $300,000 a year to people who destroy
>>>seedlings with snow machines and four-wheelers, wreck roads with
>>>mud-bogging pickup trucks and leave a trail of litter and busted gates.
>>>
>>>There are other options to closing the land, Benson said.
>>>
>>>The company could lease access to private or state interests, sell
>>>access permits, or sell conservation easements to retain public access
>>>and stop development.
>>>
>>>Sen. Gary Schroeder, R-Moscow, organized three days of hearings at the
>>>Statehouse to deal with the "emerging issue" of access.
>>>
>>>"Private land has value," Schroeder said. "People are willing to pay for
>>>sporting access."
>>>
>>>The issue arose on the East Coast 15 years ago and has finally arrived
>>>in Idaho, Schroeder said. He hopes the state can find ways to keep open
>>>lands the public has used for hunting, berry picking and exploring for
>>>generations.
>>>
>>>A couple of lawmakers expressed surprise to hear that a deal in the St.
>>>Joe Basin was in danger of collapsing.
>>>
>>>"If we want to help with this easement program, how much money would it
>>>take to match the 25 percent nonfederal match to finish the St. Joe
>>>project?" asked Senate Minority Leader Clint Stennett, D-Ketchum.
>>>
>>>The deal needs $2 million in private or state money to match $8 million
>>>in federal money, Benson said. He added, however, that Bush
>>>administration cuts make federal dollars through the U.S. Forest Service
>>>tougher to come by. For that money, the easement would effectively tie
>>>up a total of 80,000 acres of Potlatch Corp. land, Benson said.
>>>
>>>Schroeder told the Lewiston Tribune he would support an effort to find
>>>the money, possibly looking for it in the Idaho Department of Fish and
>>>Game budget.
>>>
>>>By closing Potlatch land, the company also might cut off access routes
>>>into public land, noted Sen. David Langhorst, D-Boise, who is a hunter
>>>and fisherman.
>>>
>>>Benson didn't have the figures but pledged to let lawmakers know how
>>>much public land the closure of Potlatch Corp. forests would seal off.
>>>
>>>"We could spend $2 million to build an equestrian center or $2 million
>>>to secure 80,000 acres for Idaho hunters, fishermen and families for
>>>perpetuity," Langhorst said.
>>>
>>>Langhorst was referring to Gov. Dirk Kempthorne's proposal to pay $2
>>>million for about 30 to 40 acres of land next to J.R. Simplot's Boise
>>>mansion, which was donated to the state. The land includes a horse barn.
>>>
>>>
>>>Benson said Potlatch is not close to a decision about how to deal with
>>>the issue of access to its forests. He also said the company's new
>>>status as a real estate investment trust has no bearing on the outcome
>>>of the decision.
>>>
>>>It's a decision that will include consideration of the company's
>>>102-year heritage, the company's neighbors and the company's
>>>shareholders.
>>>
>>>"We believe we get one chance to do this right," Benson said.
>>>----------------------------------------------
>>>Tread lightly, Moscow,
>>>
>>>DC
>>
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