[WSBAPT] Abuse of US Forest Service Easement

[Jennifer Johnson]

This doesn’t directly answer your question, but perhaps the volunteer coordinator at the Pacific Crest Trail Association could help address some of your clients concerns?  They coordinate most of the trail crews and might be able to respond more quickly than the Forest Service.  

Ellen Ginda
Volunteer Programs Coordinator
volunteer at pcta.org
916-285-1838

I thru-hiked the Pacific Crest Trail in 2017 and everyone I know that has hiked it is super grateful for people who allow us access to their land, so please thank your client!  I hope her concerns are addressed to her satisfaction.

 

Jennifer

 

Jennifer M. Johnson

Attorney

Hanigan Law Office, PS

PO Box 39 - 68 Main Street

Cathlamet, WA 98612

(360) 795-3494

(360) 795-3001 (f)

 

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From: WSBA ProbateTrust List <wsbapt-bounces at lists.wsbarppt.com> on behalf of Matt Yates <matt at yatesmarshall.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Friday, May 8, 2020 at 10:33 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Abuse of US Forest Service Easement

 

PC has land in rural SW Washington that has an easement over it to allow access to Forest Service Land.  Forest Service land has part of Pacific Coast Trail on it so Forest Service has contracted the PC Trail Association to maintain the trail.  PC obviously knew about easement and does not necessarily have a problem with access but, according to her, PCTA volunteers/workers are not respectful of easement and often divert from it on to PC’s real property rather than proceeding on to Forest Service property.  PC says everything is clearly marked but I am sure that that is subjective.  Forest Service has been dismissive when they have been responsive.  Forest Service wants to take no ownership of its agents acting inconsistent with Forest Service’s easement obligations.  PC seems to acknowledge that Forest Service can grant access to its agents but PC remains concerned about liability that may arise (I have tried to reassure her that liability from easement beneficiary’s use is limited absent her intentional interference or negligence of burdened easement holder’s duties) and she expects Forest Service to regulate the use.  

 

Anyone dealt with something like this before?  I’m not concerned about re-establishing contact with Forest Service and discussing.  I’m much more concerned with how to manage PC’s expectations about what a real result may be.  

 

Matthew D. Yates

Attorney at Law

Yates Marshall, PLLC

10000 NE 7th Avenue, Suite 200

Vancouver, WA 98685

Phone: (360) 449-6100

Fax: (360) 449-6111

matt at yatesmarshall.com (New Email Address)

www.yatesmarshall.com

 

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