mans property is sacred....

I know someone that owns land both sides of the tracks and all night long the snowmobiles scream by 60-70 mph about 25 feet from her bedroom window. If I was her I would do something about it too.

It might help if they posted and enforced speed limits where the trail passes close to homes. I am sure most would obey out of common courtesy.

WHO CAN BLAME HIM. I ALSO HAVE LAND THAT I LET 4 WHEELERS AND SNOWBILLERS CROSS. THE FOUR WHEELERS HAVE MADE SUCH BIG RUTS FROM SPINNING AROUND A CORNER I CAN NO LONGER TAKE MY CAR OVER IT. THEY JUST HAVE NO REGARD FOR PRIVATE PROPERTY.

Funny how the state thinks he should just give in, if it's private property, then he has the right to block it - unless the state will allow Dale unlimited access to the Blaine House lawn....

Oh I like that......"unlimited access to the Blaine House lawn..."

Public land is cared for like it's nobody's land, you can't blame him.

Can you picture the cows on the Blaine House lawn!! Give em all you got Dale!! It is about time someone put them in their place.

Yup, as was said, property is sacred! Fence, barricades and a little hot lead tend to deter. And lastly, the legal system of course.

Should have looked at his deed first, the state has easment rights to all railway access, even if they don't the state has the right to buy right of way anywhere they want eminent domain is usefull in some cases. Sounds like another rich out of stater coming in buying land and posting it, is he related to the bitchy bee lady????

Good for you Dale! The State has exercised eminent domain so often it thinks it owns everything. It seizes land for roads, bridges, and highways, citing the need to expand. If the State fails to prove their case, they will find it hard to justify seizure of the land for a "recreational trail". And shame on them for even trying, for Pete's sake, just GO AROUND! If ATV and snowmobile riders were well behaved in the first place, people wouldn't mind having them around.

why is it when someone tries to protect their property they are A$$holes? Just curious how you would feel justaguy if someone was tearing up your yard/property? Or better yet if someone got hurt on your property and sued you? These things happen! So why doesn't the state put the fence up around their right of way and force people to stay on the trails? No instead they will spend just as much in court fighting this guy who wants to make sure his property isn't trashed by others...or that it doesn't open him up to a liability lawsuit when someone gets hurt on his property!

No liability to the landowner if the access is granted 1 million coverage for snowmobiling and I believe even more for 4 wheelers if we as Mainers don't start to protect these trails that are the lifeline of this state and let more land be bought and closed then we are in deep trouble! As for the person who allowed access on their land and it got rutted up they have monies in the ATV/Snowmobile state funds to fix that they just need to know!

My parents live in Machias and the trail is literally yards from their home. The majority of snowmobiles fly by at extreme speeds with little caution to being in a residential area. Children have to cross the trails to reach sledding hills, and pets are often out and about near the trails. And I can't even imagine folks trying to ski or snowshoe, it would practically be suicide. I'll be using the trails this summer for ATVing so I'm not totally opposed to them. But people need to learn discretion especially when it comes to operating these machines in populated areas.

Sunrise trail ....what a joke!!! Poeple need jobs in washington county and a few big months cry to Baldy. People in machais area ....boycott any thing that has to do with David Whitney inc (supporter),and blue bird ranch

Can you spell eminent domain?

Quite a turn of events for ole Dale. For someone well known for jumping property lines to cut wood, and mow over fences to retrieve deer shot on posted property, this couldn't happen to a more deserving guy.

If he is blocking the railbed itself, that is illegal. The state owns a 66 foot right-of-way. Period. Access to the railbed over his land he can post. It shouldn't take much engineering to find a way around him. For people complaining about the noise snomobiles and atv's are making, how much noise do you think a freight train would make? Noise, what a joke. The railroad was out of business folks. The railbed that exisisted would have never held a train due to the severe erosion, rotten rail ties, and flooded areas along the rail line. Therefore, even if we did jumpstart the trains again, the entire line would have had to have been torn up, which is exactly where we are today. The bed has been leveled, new culverts put into place, and so on. Extensive work has been done and if the railroad is going to be put back to use we have a firm foundation and new railbed to work with which is exactly what we needed. In the meantime, let's use this as a trail, because right now thats what it is. To bad some find it necessary to block access for recreational enthusiasts who are just out having fun. I wish the state victory in this matter.

Ya. Dale's always been such a noble steward of the land and forests. These were commercial railroad easements that undoubtedly reverted to State ownership. There are some arguments otherwise, but unless there is evidence they were purchased outright by Hendersen or his predecessor in interest and extinguished as rights-of-way, all over 'cept the cryin' (and money spending by the State - this is where loser pays should kick in).

Good for him! I'd do the same thing!

I would think the majority would back a public thoroughfare project, even if it doesn't admit trains anymore. Some of the people supporting Henderson probably have the "Let's have an open season on Roxanne Quimby" bumper stickers, because she blocked access on nonright-of-ways though her township east of Baxter. I don't think she blocks public access, just motorized access. She's no Henderson.

So, if local real estate mogul Henderson wants to stop traffic on an actual right of way that's reverted back to the

State, it's now ok with these same folks that want Quimby run out of state.

I am a X-country skier, have a historic snowmobile trail running through my back forty and have not blocked it because being a good neighbor is more important to me than putting up with the noise and stench of 2 strokes.

The Sunrise trail works. In Machias you see snow sleds being gassed up a local station and other sledders eating at local restaurants. This means money coming into the local economy that would not be there without the trail. The chances of the trains ever running again in the county was only a pipe dream to a small group. We do not have the industry or population to make rails travel worth while and that is what the trains run on is dollars. as for the person who blocked that trails, to me it is another case of an import with money who wants his own way without regard of the local people or the impact it will have. I really pity that type of person.

By the way I do not own or ride a snowmobile or ATV.

How much noise does a freight train make? A lot…once or twice a day on a predictable schedule for about 2 minutes and then it is OVER. Unlike snowmobiles/ATVs that go 24/7 anywhere and everywhere and now go more places than ever since they’ve been handed Washington County’s only past and future hope of public transportation on a plate.

Since the snowmobilers and ATVers have (and have had for many years now) established trails, how about motorized vehicles continue to use and maintain those trails? This will leave the rail system for use by the hikers/cross-country skiers/snowshoers/horseback riders, AND those activities will be much less dangerous and annoying to the land owners when they pass through predominantly during daylight hours.

At present, none of the aforementioned non-motorized activities can be attempted because of the danger to them by the motorized vehicles. ATVs can be used in all seasons, so when, exactly, are bikers/hikers/cross-country skiers/snowshoers/horseback riders going to get a crack at using the rail trail? Wasn’t a jogger on a PUBLIC ROAD just run down by a snowmobile?

Policing the rail system? Who are you trying to kid?! If the operators of motorized vehicles have no regard for the homes they pass by now, what good is posting speed limits going to do, AND who on earth is going to patrol and enforce such laws?

Easement? Correct me if I’m wrong (and I do realize that easements can be set up in many ways), but when one has an easement to go through another’s property the landowner does NOT give up ownership of the land. Why should landowners with easements to the railroad have to cooperate with the newly-formed recreational trail system now that the railroad is no longer going to be using the tracks?

Now let’s talk about eminent domain. This is where the state (and now any capitalist developer) can take your land for far less than its actual value to make roads/bridges/railways (and now shopping malls) for public access (and now private profit). In this case the railway has been ripped up. One would think that the land owners should have gotten first crack at buying back their land for what they were given for it before the tracks went in. Instead, the landowners have gotten the shaft a second time.

Finally, just take a look at who is making money on this rail-to-trail deal. It isn’t anyone from Washington County who needs a permanent job.

if the railroad is out of business and all that is left is this trail running through his property then he is right and the state doesn't have a right of way or eminent domain anymore...good for him

Hey Folks, guess what? Senator Bryant has filed legislation to allow kiddies aged 14 to operate ATvs without an adult. If you think ithat operating these recreational motor vehicles is out of control now, wait until he rams this special interest legislation home.

Money into the local economy for whom? Isn’t it a bit short sighted to imagine that a couple gallons of gas purchased from Canadian-owned Irving or RH Foster gas stations (if snowmobiles can legally go that far from the rail trail to actually spend money anywhere but at Irving) in Machias (whose corporate headquarters are in Hampden) will have any long-term effect on the little people in need of jobs (not the big, well-established companies/businesses, the little “guys”) in Washington County? What possible benefit can a few extra meals served at the Bluebird Ranch Restaurant have on anyone but the owners of that eatery? It looks to me like the plan is “working” for big business and big business only…like it always does. The sad part is that so many people fall for that lame line (“Jobs…money in the local economy”) every time it gets dished out by the REAL beneficiaries of the profits.

Id be willing to bet the guy wins. When land easment is/was taken for rail use, when rail use or potential for rail use ends the land reverts back to the owner.

Real Mainers don't post their land; just Ma**hole wannabes. If you only have one acre then maybe I could see it, but if you have thousands of acres people should be able to pass through it if they aren't hurting anything.

Anyone that knows Dale knows he's a jerk.

All the state had to do is put up fences to protect the private land. I agree with Dale. We live less than 500 yards from a section of railway. Our road is posted and no one pays attention to that at all! People say that everyone who owns land should let whoever do whatever on it...that's B.S. If I own my land and don't want hunters/atv'er on it then that is my business..If I own it and I say sure let them come on that's okay too...It's the landowners choice..they bought the land, they pay the taxes on the land....It's no different then anything else they own. If they own a car is someone gonna tell them they HAVE to let someone use it...no..so why is land any different.

I agree, justaguy! Someone woke up on the wrong side of the tracks here. I've run into someone like this before. Someone who bought a home on our privately owned road blocked off his portion of the road, insisting it was nis property. He was at the end of the road, which connected two town roads. We had to go all the way around the block just to go see our neighbor because we couldn't go throuh his portion of the road. Are people just born to be butt heads? Honestly, someone needs to smarten this person up! Give him the same friggen treatment!!!

The trail should be for walking and skiing and bicycles. No motorized vehicles. ATVs and snowmobiles just make people fat. And that takes care of all the noise. Why is the State of Maine encouraging fatness ?

Why should this guy be sued when some idiot kills himself. The State does not enforce speed and drinking on this former rail bed. I have seen it myself in Cherryfield. Maniacs driving snowmobiles faster then 60 miles per hour passing cars along side the road. Until the state takes all of the liability from lawsuits and the road bed is enforced by cops and wardens, then block off the road bed. There are empty beer bottles and beer cans all along the road bed.

the trail shouldn't be used for ANYTHING if the land owner doesn't want people on it

I believe that the state abandoned it's right of way when the railroad stopped using the tracks. If I remember correctly, the state should have taken some action at that time if they had intended to maintain the right of way and they failed to do so. From what I know of Henderson, he is a pretty savy guy, and I don't think he would have bought the land if he was not sure that the land was free of encumbrances. The state will probably have to take it by an eminent domain action.

From what I remember reading in the old Hancock History, the state owned the right of way or easement and the Maine Central Railroad leased it from the state, in which case it doesn't seem as though the end of rail service negates the state's right or way or easement. I imagine it's explained in the agreement between the state and Maine Central Railroad that dates back to the 1880s.

If the State doesn't own the right of way, they should take it by eminent domain. WHEN A PERSON PURCHASES LAND ABUTTING A RAILROAD GRADE, WHAT THE HECK DO THEY EXPECT???????????????? But then again, this horse's backside probably purchased the grade w/the sole intention of creating strife & controversy. Henderson's actions are nothing more than a Quimby-esque egocentric's way of garnering attention.

The grade was there before Henderson was. The grade benefits recreators & business alike ie., it benefits thousands in the community & the state. Maine should take the grade now by eminent domain & return it to the people.

He doesn't own the railbed.

That's all there is to it.

Maine has THE most interesting approach to land ownership--in that 1/2 of the state is unorganized territory--but you folks treat the opportunity to access it as your 'right' to access.

---: and have no issues with dictating what the owners of the N. woods can and can not do with the land they own.

Reread 'lesamay' :

---Even the reference to the infamous 'beekeeper' refers a persons 'right' to access land; unlike L.U.R.K-- which seizes landowners rights[ via the gavel ] for the good of all comrade--the beekeeper paid cash and it is her right [ to date ] to post her land.

Dale's right to keep people off his land has to be challenged by the State - it's in their culture; and you, dear citizens, will pay for it.

Currently partly sunny 74 degrees AZ.

Good for Henderson ! ! ! As much as the state welcoms the "income" brought in from allowing Freezy Riders to run rampant at all hours, it might be different if the Blaine House lawn had snowmobile tracks all over it. Try finding ONE field in Maine without snow machine tracks and noise after a fresh snow...

In regards to blocking the rails, who is responsible for injuries if someone runs into his guy’s rock wall. I would be more worried about that .As a land owner and outdoor person who borders the tracks, I believe less people would enter my property because there is no where to go . Most people would pass right by wanting to get to a restaurant or gas station. His only problem will come from local people trying to get to the tracks. Those who enter his property from off the rail bed are trespassers and there are laws and ways to address those issues. Maybe he should spent his money fighting the few bad seeds and not the state and the snowmobilers .I will admit that speed in residential areas are a problem that needs to be addressed law enforcement does the best they can I have seen wardens on the trails but the state is a big area. Many people speed buy my house on the highway or have loud vehicles but I can't control that either. I would have to guess 70-80% of the rail bed is out in the middle of the woods, bothering no one. It seems that if the trail system does not work, then why does Aroostook county depend on snowmobilers for money. Why is there so much crying when there is no snow? As far as RH FOSTER, BLUEBIRD RANCH and DAVID WHITNEY, seems to me they employee many people in Washington county and Hancock county or are we boycotting jobs too!!!!!! Lastly Fat people need enjoyment too, remember were fat we got nothing else to do.

He must own the Garen of Eden or something! I've got land too and leave it open to all users year round and have yet to have a problem with abuse or misuse. Sometimes if you look things up you are just stiring the pot! When I see land that is not lived on being posted it makes me wonder what there is to hid on that land. These people tend to be the ones who help themselves to other peoples property when they see fit. Why so uptight. Enjoy your life and leave people alone.

This is a tough topic. I love using the trails for many purposes and would love to see more miles available. At the same time it is hard to ignore that some people really abuse the privilege of being allowed on the land in the first place. It is usually is a small percentage of the people that actually cause problems which makes it worse. In this case it is too bad that both sides can't work this out for the good of everyone. It should have bben addressed before any work was ever done.

I don't know this Henderson guy or where he came from. This is my opinion. If he owns the land, it belongs to him. He should have the right to decide what goes on ,on his own property. I love ATVs and snowmobiles and enjoy them myself. They are a great winter sport. Ya, have to do something around here in the winter....

Would I want a trail for public use ,out behind my house? Nope..... When I am at home ,I enjoy my peace and quite. I like living in the woods and I do. I don't put curtains over my windows because, when I'm indoors, I like to watch nature carry on. I don't want people going by my windows either. Some times, ,I like running around the house ,naked-as-a-jaybird. Summers I like to wear little, or nothing, in my back yard. What ? Am I supposed to just wave to the hikers and act like I don't mind?????? I DON'T THINK SO !!!!!! I spent a lot of money for my property and pay my taxes. That makes it " MY LAND " I also have the right to post my land to keep humans out. Wild life is always welcomed. Besides, they don't laugh and talk about my nakedness. :) or the extra roll around my waist.

By the way, born and raised right here, in Ellsworth and Lamione in the summers. I don't like the outsiders with the BIG HEADS and a pocket full of money.... buying up our land and then doing the same thing here as they did from where ever they came from. Didn't they come here for OUR way of life? If you don't like our way of life... Go back to where ever you came from. :) BYE-BYE

He must own the Garen of Eden or something! I've got land too and leave it open to all users year round and have yet to have a problem with abuse or misuse. Sometimes if you lock things up you are just stirring the pot! When I see land that is not lived on being posted it makes me wonder what there is to hide on that land. These people tend to be the ones who help themselves to other peoples property when they see fit. Why so uptight? Enjoy your life and leave people alone. The train was much, much, much, louder than the sleds. If speed is a factor then get law enforcement involved in doing special details in that area and I will garentee you that people will get the hint. Post a sign that states "speed strictly enforced" and that works also. Sure you will get a few hoolagans but deal with those individuals and eventually it will stop. When did Mainers get so crazy? Post your land if you want, but those stupid signs are annoying, ugly and usually do not deter the idiots from going on your land, and when they do you will get more pi55ed off because you took the time to post correctly and nobody cares! Leave it open, patrol it, get some helpers, and deal with the idiots and you will live in peace once again.

I'm going to buy my firewood from dale henderson logging this season.

Posted by Mainefriend: Post your land if you want, but those stupid signs are annoying, ugly and usually do not deter the idiots from going on your land, and when they do you will get more pi55ed off because you took the time to post correctly and nobody cares! Leave it open, patrol it, get some helpers, and deal with the idiots and you will live in peace once again.

So Mainefiend, we should leave our land open to people who do not respect the law? These are the same people that make living in rural Maine like living on a busy New York City street. What ever happened to the value of peace and quiet?

Dale, don't let the #*&%@s get you down. Keep up the good fight for property rights.

By the way, the Legislature in thier infinite wisdom has given Towns the right to make public roads part of an ATV trail. It matters not how close your home is to the public road or the noise you have to live with as a result. I know, I live on such a road. There are atleast 20 residences on this public road ATV trail. The lunacy must stop!

P_Dizzle wrote:"He doesn't own the railbed. That's all there is to it." If he does not own it, then why is he assessed property tax on it?

Perhaps if the rail bed and property are considered private, which is not something new to trail systems that snake many miles, then this could be a natural dividing point as to the type of shared use. I agree with puckerbrush in that the use of motorized vehicles does indeed exclude hiking and cross country skiing activities because, in addition to the aesthetic differences, they would be run over - there really is no such thing as shared use. The rail to trail should have designated areas, like some of the carriage trails, where motorized are allowed and prohibited for the enjoyment of all.

it is not wasting tax payers money to protect private land. I suggest and know instead that tax payers money is being wasted by transportation dept. Any lawsuits against the landowner...did I say OWNER......is squarely on the Dept of Transportation. AND WHO GOT OR GETS THE MONEY FROM THE SCRAP METAL RAILS from these projects? What does the tax get, what benefit?

Again it's another elitist program that the elite tree huggers didn't want to put up their own money by BUYING THE LAND THEMSELVES or raising the money through private funds.

Not to mention the long term upkeep costs, with no usage fees or means for reimbursing the state and private land owners to maintain the trials and assume liabilities.

Instead they can trespass legally by writing these laws themselves with legal fees paid by the state too for their private little play grounds that the rest of their trust fund friends can use for free too.

So Mr. Henderson has had to pay for his own lawyers, his own insurances, his own maintenance/upkeep, signs, and other expenses forced by a small and elite group of trespassers.

Then can you understand how private land owners are gating their properties because o f more ill thought programs like this and soon hunting and fishing that was once a given on large tracts of private land will be gone too.

Its his land he should be able to do with it what he wants.

Way to go, Dale

countryliving wrote: "I spent a lot of money for my property and pay my taxes. That makes it " MY LAND " I also have the right to post my land to keep humans out".

countryliving wrote again "I don't like the outsiders with the BIG HEADS and a pocket full of money.... buying up our land and then doing the same thing here as they did from where ever they came from".

countryliving needs to buy a clue. He claims its "MY LAND" and can do with it what he pleases

A few sentences later he derides outsiders he "don't lke" for d"deciding what goes on on THEIR LAND, you know, the land they spent a lot of money for and pay THEIR taxes on.

You can't have it both ways. You want to do on your land anything you want but wish to prevent other land owners from doing what they want on their land.

Just what does "buying up our land" mean? That is countrylivings double standard. Our land is my land but my land is my land and not your land or "our" land.

Question to countryliving: Who do you think sold that land (our land) to the outsiders and why did they sell it?

Just remember the "outsiders" are the ones who generally pay their property taxes on time and contribute to the local economy without burdening the system with school children, welfare, food stamps, unpaid medical care and contributing to the massive drug problem that runs rampant in Hancock and Washington County.

Sorry that you don't like outsiders with a pocket full of money. Feel the same way about natives with a pocket full of money? Or are you just jealous that hard working outsiders want to own property and spend time in the great State of Maine on THEIR land?

If you don't want the "outsiders buying our land" you should start a petition to stop it and see how far that gets you.

If you think the economy in Maine is bad now, think about what it would be like without the influx of 'outsiders' who pour money into the local economy without putting much of a drain on the government services. And Dale Henderson's logging company is in Brewer. Those damn 'outsiders' in Penobscot County!!! As for 'elitist plans' from 'elitist tree huggers'...sounds like someone spilled a handful of granola in your driveway my friend. Hope you get over it.

It seems it boils down to whether or not the state maintained it's right of way through the property as it was bought and sold over the years. The Maine Central Railroad originally leased the land for 999 years (that's not a typo either-check history books on it or the Maine Supreme Court Docket http://books.google.com/books?id=768aAAAAYAAJ&pg=PA481&lpg=PA481&dq=maine+central+railroad+ellsworth&source=bl&ots=p929hLDDVq&sig=xqq3gB-gz2WlAbWPcdK7mvYDLuo&hl=en&ei=FS-jSf-cIZaitgeA27WGDQ&sa=X&oi=book_result&resnum=4&ct=result#PPA481,M1) and what happened to the lease after the company dissolved is a mystery to me. Either way, this is close to my house and I'm still going to mountain bike on it. Bring it on Dale!

Good for you Dale, fight the ba-tards!

puckerbrush wrote: "How much noise does a freight train make? A lot…once or twice a day on a predictable schedule for about 2 minutes and then it is OVER. Unlike snowmobiles/ATVs that go 24/7 anywhere and everywhere"

.

Not only that, but the sound of a train is the sound of people working, not the sound of bored people lacking the imagination to do something more productive and meaningful with their time than to make a lot of noice tearing up the environment.

I hope Obama moves to protect the environment and conserve energy (which will help to keep heating homes cheaper), by instituting noise and pollution controls on ATVs and Snowmobiles.

.

Same for motorcycles, too.

For years, I used to visit a local pond that was accessible by a private road. I would park my vehilcle at the end of the road and walk in. Then one day, as I was walking in, I found a huge pile of junk (an old sofa and chair, a TV, a few old tires). At that point I knew it was just a matter of time. Sure enough, three weeks later I went down to walk into the pond, and a nice new gate with a lock and no trespassing signs were posted. I don't blame the owner one bit. A few slobs ruin it for everyone. If Dale were to let people use the tracks, it would just be a matter of time before people started making thier own trails off it with their ATV's. And what help will he get from the rails to trails group and the state in keeping people on the trail? Zip, nothing, nada.

How can the state maintain a right of way when the railroad is no longer being used for trains? And if it it theirs, how about if they fence, patrol and maintain it 24/7, financed by ATV and snowmobile registration and taxes? That would be a joke. ATVers and snowmobilers tear fences down. Mixed use is a joke too. What self-respecting skier is going to want to follow the stench of a 2-stroke??

not sure if Dale's situation is similar to mine but if the railroad bought the land thru his property,

there isn't much he can do from what i have heard. mine, on the other hand was taken by the B&A thru eminent domain.

by the agreement, if the railroad ceased to use the tracks, it was to revert to the original landowner.

Mark Latti might want to check in to this. for someone that works for a living, listening to snowmobiles and/or

4 wheelers all nite sucks. not to mention that Mark & co seem a little slow about coming around and cleaning

up the trash that is left behind.

Yikes! I've seen this trail in use, and there is no way anyone is going to ski on it. Those idiots are going so fast on those machines, that they could never stop in time for a skier. Then factor in some blood alcohol levels, and you have an accident just waiting to happen. Public access is a wonderful idea, if everyone using it was responsible and appreciated it, but they're not, and a few bad apples will always ruin it for everyone else.Do any of these landowners get tax rebates for allowing public access, or a liability insurance waiver from the state?

Lets set the record straight........I am not against trails to rail formula. I do not want that on my land period, there is an excess of ten million dollars worth of railroad track on that track bed that is owned clearly by the people who own the land on both sides of the tracks. Anyone that wants to give that away and have all the people on their land be my guest im not one of them. 1890 when those deeds were written if the rail stopped it reflected back to the land owners what everyone is missing that when the railroad was stopped in 1985 maine central lost the right to keep it I would tell all the people who own land there to get an lawyer to research your deeds back to 1890.....not 40 years like most lawyers do during a typical title search this trail has been poorly thought out the law enforcement people to enforce the laws of the trail never has been contacted. The state is playing poker they clearly know that what we are saying is true, they do not own the trackbed in our case our deed clearly states that they must maintain a paged wire fence every mile with 4 crossing points we tried for 2 years to neg a deal with the D.O.T. to go around our piece of land giving them part of our land plus up to 50, 000 dollars of my own money to go around and it was refused. The D.O.T. has been difficult to deal with from the start. The D.O.T. is used to getting their own way with no neg and with no landowner rights in regard. We will continue the battle until the end it did not have to be this way it is by the states choice only.

This trail will only lead to an invasion of the landowners rights with no law avaivable to help landowners. My reasoning for wanting to keep my land private is to enjoy the outdoors and the wildlife. Over the years we have had tons of trash and debey dumped on this property as if it was the town dump. Many people have trespassed and poached animals. I believe 100% that the D.O.T. is going to stop hunting on this trail in the near future, I asked this question at an open meeting "How can you have people walking, riding, and shooting on the same path?"....... there was no answer. The D.O.T. wants local support including hunters and sportsmen once the trail is finished, I believe they will stop all hunting. THINK ABOUT IT????? CAN YOU HUNT ON PUBLIC ROADS THE ANSWER IS NO!!!!! So please tell me how can this be different?

D Henderson

And for everyone that has been supportive thank you

hey skeptic, i own 250 acres, have toys , i'm not fat, and have my own health insurance.. oh yeah and i hate painting.

I am a local with ancestry that goes back some. I own land in various locations here in the State of Maine. I used to turn a blind side to the use of my properties by others in years past. The hunters, snowmobiles, atv's for years I had very little problems. Times changed and in the past decade those who used my properties lacked respect. I practice good stewardship, and they simply do not. I pay more and more taxes each year for these lands. The State of Maine offers no recourse or support enforcement for us land owners who suffer losses. I noted one individual in this long line of posts stated that monies were available for repairs to properties trails. The monies may be there but the State of Maine tightens the purse strings when a claim comes in. As tract land owners we according to State of Maine and its law enforcement must prove beyond a doubt we have suffered a loss to the State's standards. The State of Maine determined some time ago a division of application of its Statutes with regards to owners of tract land. We meet this when we suffer a loss an atv, snowmobile, or car tears up for instance a blueberry field. A cash producing family supporting crop...on scene whether a State Trooper or Deputy Sheriff the response is common..."Sorry, you will have to catch them in the act". We put a lot of trust in our communities as landowners and many of us shut up and pay some huge tax bills... most of the time for the sake of peace. The end to this comes when it is as if we do not own the property and others who are not act as if they are.

I realize some here are upset about the possibility of not having access to Mr. Henderson's property. If I am familiar adequately through my longevity here in this geographic region the rail line's deeds incorporated a reversion clause. I remember when the railroads dissolved. The question here is one about self interest and one of where no one outside of Mr. Henderson has rights as he is the property owner. The State of Maine has wielded an iron fist over these rail lines with no legal rights since they were abandoned. Their fear has been that a party may revitalize and bring seasonal rail service in the least or year round at the most rail service up the coast. This again was not with "the plan the State of Maine had or has for Washington County. This practice is visible again in Aroostook County and Loring...the State of Maine has done everything to tear apart Loring so it would not cause unwanted growth in that part of the state. The Jet Fuel pipeline in from the coast to Loring and storage facility at Loring the same story. Loring as with the rail held the possibility of renewed economic growth in areas that the State of Maine has always wanted to keep in poverty. To join on the side of the State of Maine and parties to infringe upon the rights of any landowner is wrong. To doubt the stewardship of those who hold title when especially it errs on the side of protection, conservation, or caution is a violation of the rights of property owners that is afforded as citizens of the United States of America. We seem to forget figurative and literal boundaries in these days and times. The State of Maine should concentrate on more pressing matters, roads, east/west highway, employment. I wish Mr. Henderson the best.

The man owns the land... he pays taxes on it... it's his... plain and simple. How can the state take his tax money then turn around and do whatever they want with his land? Sorry...I'm not buying this one. Too bad the man has to dish out money for attorneys in order to get what belongs to him in the first place. I don't know Mr. Henderson and don't care to, and even if he is an A$$, that doesn't make it right to take his land and use it as YOU see fit.

Would you all be so understanding if the state decided to take the car you own, pay taxes for and have insurance on... and utilize it to drive other people around? I think not. Come on people this is just common sense.

acadian wrote: "I am a local with ancestry that goes back some. I own land in various locations here in the State of Maine. I used to turn a blind side to the use of my properties by others in years past. The hunters, snowmobiles, atv's for years I had very little problems. Times changed and in the past decade those who used my properties lacked respect."

.

I originally thought I'd like to buy a lot of land in Maine when I move there--but I've read too much lately about how some people increasingly trash the land of others while using it.

.

So now I think if I move to Maine, I'll buy a home with a smaller plot of land in one of the villages, rather than be faced with seeming to be unfriendly by posting my land.

.

Which is too bad, because I would have been willing to follow the tradition of allowing everyone to use my land--but I'd draw the line at people using my land as a dump.

.

I think we have it all figured out. We should stop all funding of our law schools because of the number of legal genius' that exist that didn't waste all of that time and money on law school. Secondly, we should spend the money that we save on improving our elementary educational system i.e. grammer, spelling. If I were Mr. Henderson I would print off all of these convincing arguments, tell that high priced attorney I don't nedd him anymore, and go straight to the Judge with my case....... on second thought, screw that idea. If I were Dale, I'd go to Walmart (just to piss off Michael Moore) buy as much ammo as my truck would haul and head to hancock to defend my rights. I might even see if ole George W Bush could hook me up with a tank !

IT IS CLEAR THAT THOSE OF YOU WHO SUPPORT FAT DALE HAVE NEVER HAD DEALINGS WITH HIM. ALL OF THE NEGATIVE COMMENTS ARE TRUE ABOUT FAT BOY. hEY, "INTHESTICKS" SOUNDS LIKE YOU KNOW A MAN FROM S. LAGRANGE RD.

Overburdening Easement Acquired by Grant or Reservation:

The standard for determining whether an easement by grant or reservation is being overburdened is "Whether it is reasonable to conclude that a particular use was within contemplation of the parties to the conveyance and, in the context, whether the contested use made of the servient estate (Henderson Land) exceeds the rights granted the user (Originally the Railroad Company)." Poire v. Manchester, 506 A. 2d 1160, 1163 (me. 1986). It seems to me any motorized use outside of a train could be considered an overburdening of the easement as it was originally intended. I do own an ATV and snowmobile and like to ride, but am mindful of private landowner rights.

Down in Pembroke where the trail starts we all share the trail... i have seen snowmobiles... walkers... skiers... they all share... there has been no problems here so why can't the rest of you all get along ????

FIrst of all to you maineboy13. Mr. Henderson was born and raised in Maine, as was his father, and his fathers father. So I guess you don't know what you are talking about. Now on the other hand, I think "Eminent Domain" should be outlawed. This is just two words that gives the State of Maine the legal right to steal from property owners. So is this how the state acquired it in the first place? Was by eminent domain? Then did they in turn give it to the railroad to do what they will with it? If that was the case. Then the land should go back to the land owner, not the state. How many people were happy about loosing a piece of their land to the state? I'm sure they tried to put up a fight in the begining when the state gave it to the railroad after taking it be "Eminent Domain". Let's face it, Mr. Henderson has all the right in the world to keep his property to himself. I wouldn't want to pay the taxes this man pays, and I know for a FACT it's a lot. So maineboy13 how would you like to pay his taxes on his property that he has invested THOUSANDS of dollars on for the up keep. Mr. Henderson is only trying to protect what is his, and he does take pride in what he has work his whole life for, and he is a very hard working man. If the state would have just invested in a fence to protect what is rightly his they would have been all set. lifeinmaine you are so right. Wait until they need to add some thing to the Blaine House, the tax payers money will be spent in a heart beat without question. I say let them pay the price if they want to use the land. If they take the right of way again by "Eminent Domain" then let's face it they are stealing. Good Luck Dale !! Buster is watching from the South !! Hey to B.T

It's the 4 wheelers and snowmobiles he's blocking. If they were not permitted on the trail I'm sure the issue would be much easier to resolve. The state has decided to get into bed with these motorized invaders and it is costing more than they know.