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Old 06-06-2017, 04:05 PM   #92
Woodsy
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I think the due diligence unfortunately falls on the buyer...

The buyer(s) in SD/LB probably knew about the RR ROW, as it is a physical landmark. I seriously doubt that most buyers were aware or were made aware that the RR ROW extends to the water for most of the shoreline, and that property did not belong to SD/LB. The only way to know would be to look at the plot plans/tax map for SD/LB that I listed above. I am sure no RE Agent would point that out and possibly lose a sale. Its a pretty crappy situation for sure!

I can see SD/LB taking issue with the fencing, I wouldn't want a 6' high chain link fence there either. However that's a negotiation, not a lawsuit. Especially where there is some very nice low post & beam fencing in other areas of the WOW trail.

In the winter, the state allows snowmobiles/cross country skiers/hikers etc. to use the RR ROW as a connecting corridor trail. Public use/access utilizing the RR ROW thru SD/LB is already approved by the state. I am sure that was a surprise to some unsuspecting buyers too. So arguing against further public access is probably pretty futile as the state has ALWAYS allowed it.

Woodsy
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