View Full Version : Haw does the AT handle private property?
pafarmboy
08-30-2009, 17:16
Just wondering what type of agreements they have with the parts of the trail that cross private property. Do they lease it and pay yearly stipends? Gentlemen's agreement to use and not abuse? Anyone know?
Thanks.
pafarmboy
08-30-2009, 17:17
How, not Haw. Geez.....
An amendment to the National Trails System Act of 1968 to secure public ownership of the A.T. was signed by President Carter in 1978. In most cases, land to protect the A.T. was acquired in fee although in some cases conservation easements were secured. It's now more than 99% in public ownership.
Many people are not aware in some cases individual States own the A.T. corridor, as in Maryland and New Jersey. Much of Pennsylvania's A.T. passes through State Game Lands and to a lesser extent State forests, parks and municipal holdings.
Jester2000
08-30-2009, 17:42
I believe to a large degree what they try to do is convince local landowners to grant an easement on the property that the landowner promises not to develop.
The landowner grants right of way for hikers to use the land. ATC works with a lot of different partners to make things like this happen -- I know that in PA they work with the Central Pennsylvania Conservancy.
For more information on how that all works you can call ATC or go to Appalachiantrail.org
pafarmboy
08-30-2009, 17:43
It's now more than 99% in public ownership.
Thanks for the data, but it's the 1% I am wondering about. You just can't have thousands of people hiking on private property each year without some sort of arrangement with the landowner. Just wonder what they did to appease this 1% of landowners.
pafarmboy
08-30-2009, 17:45
Sorry. Posted before I saw Jester's comment.
Maybe you missed Jester's post and I now see I missed yours. NPS entered into formal agreements and purchased conservation easements from some landowners which spell out what kinds of activities are permissible.
These conservation easements modify the deeds associated with these properties. When someone sells one of them, the buyer accepts the terms of the easement. Such a deed is sometimes referred to as encumbered or one with special restrictions.
Without NPS getting involved, the A.T. as we know it would likely no longer exist.
Jester2000
08-30-2009, 17:52
Geez, this is turning into the "Bad Timing" thread.
pafarmboy
08-30-2009, 19:38
Thanks Emerald. I knew someone on here would have the scoop.
shelterbuilder
08-30-2009, 20:22
As a small historical comment, if you ever have the chance to look at some of the old AT maps from the '70's and '80's, you would notice areas where the AT had been "re-located" onto paved highways because the private landowners (over whose land the original footpath had traveled) had decided that they no longer wanted the trail to cross their land. In many cases, this was due to farm gates being left open (and livestock getting loose), crops trampled, litter, or other abuses of the land by thoughtless hikers. In some cases, there was a fear that the landowner could be sued by an injured hiker over injuries occurring on their land. The original "gentleman's agreement" for the trail to pass over private lands was found to be insufficient to safeguard the footpath. That's when the National Park Service stepped in (with the authority granted by Congress), and began buying easements and parcels of land to protect the trail. Land that was already under public ownership (State Game Lands, State Forest Lands, etc.) was not purchased - only privately-held land.
Sleepy the Arab
08-30-2009, 21:01
I'll ask my aunt and uncle about the specifics of their easement next time I see them.
Tennessee Viking
08-31-2009, 10:59
This is one of the biggest things that the MST is looking at. Since much of the Piedmont and Coastal trail runs through a large corridor of private land. It just takes lots of convincing and politicing to get the trail from road to actual trail.