Scoutmaster
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Is this trail open? I've heard talk that hikers are using it. Thank you in advance for any information. Merry Christmas and Happy New Year.
That is partly true. The portion of the trail in the National Forest is open, the FS suggests that you don't hike the section on private land but they have no authority to close something they don't own. A landowner has announced that it's closed but he may have no authority to do so, and some hikers there have been accosted - last time I hiked it I got a friendly wave presumably from a different landowner.The trail is officially closed. The USFS asks that you do not hike the trail. At this point it's unlikely that it will ever be reopened.
Knowing the reasons why Gary asked this question I should note he failed to ask an even more important one, and that being what are the odds it is broken out and packed right now. My guess is not likely......
what are the odds it is broken out and packed right now. My guess is not likely......
Would anybody who has actually met this landowner care to disclose what was threatened? I have the impression it had more to do with violence and less to do with legal action. In the one case I am aware of, an uphill landowner went to court and won the right of passage.If a hiker wants to hike the trail and assert their rights with the landowner, great. As occurred elsewhere to the south of the whites, the hiker could end up with the potential for myriads of legal bills, potential future claims on their property and vilification by members of the hiking public despite trying to act on their behalf.
You say this every time, but it has a double edge:I just don't see any reason to be selfish and to use the trail. There are other ways to get to the peak, which don't encourage trespassing and can cause potential for other areas that border private land.
* If one landowner can get away with declaring a trail closed when he has no right to, other landowners may do the same
As I pointed out before, because neither the AMC or the USFS owns the property, they may advise hikers not to go there but can't "officially" close itTwo qualms: There is a debate on whether he has the right, but since the trail is officially closed and both the AMC (who ignores their own advice) and the USFS say it's closed...sure sounds closed to me.
It seems that using the trail only offends one landowner, plus you if you live nearby.Why piss off the natives? Because, you most certainly are.
I assume this is a reference to the AMC volunteer chapter trips still being scheduled and run on the Mt Cabot trail. The AMC Corporate (which endorses the trail closure) and the Chapters (which authorize the volunteer led trips) are different arms of a larger organization. The Chapters (in this case mostly the NH chapter) gets to decide if a trip is OK; corporate stays out of it unless something illegal is going on.but since the trail is officially closed and both the AMC (who ignores their own advice)
Because there appears (I'm not a lawyer) to be a legal and valid Public Right of Way across his land. Neither the USFS nor the AMC can give that away, and it can't be revoked by the land owner.But, from all the armchair lawyers who can say that it seems to them they cannot see whether someone has a legal right to close something (and ignoring the statements from the stewards of the White Mountains)....again...please...answer me this question: WHY?
Because there appears (I'm not a lawyer) to be a legal and valid Public Right of Way across his land. Neither the USFS nor the AMC can give that away, and it can't be revoked by the land owner.
That's a different question. I personally don't use the trail for those reason, but others can come to a different conclusion. If you give up a valid Right Of Way because of fear of retribution, what's to stop other land owners from asserting rights to close other Rights Of Way that they legally cannot close? Both sides are valid, and yes, sometimes it is necessary to prove a point.So, one would risk future relations with a populace to prove a point? Is that correct?
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