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oriole_scott
Joined: 18 Jul 2004 Posts: 166 Location: the cornfields
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Posted: 3/30/2005, 10:26 am Post subject: No more access to Aravaipa from the east |
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By Mitch Tobin
ARIZONA DAILY STAR
KLONDYKE - For 47 days, tourists from as far away as Africa and Germany have driven nearly 50 miles on dusty dirt roads to reach Aravaipa Canyon - only to find a locked gate barring entry to one of the Southwest's natural jewels.
The gate and the hand-drawn "No Trespassing!" signs are Norma Tapia's. She'll let you through if you pay $25, or better yet, listen to her complaints about how authorities have handled allegations of juvenile sex crimes in this outpost, 60 miles northeast of Tucson.
Tapia's 15-year-old son has been in a Mesa detention center for eight months after he pleaded guilty in 2002 to molesting a 6-year-old local boy. But Tapia said the sheriff hasn't pursued another area youth who sexually abused her son for five years and made him into a molester.
"They ignored me, I'm tired of it and I want some action taken," said Tapia, a 41-year-old American Indian whose family has lived here since 1881.
Graham County Sheriff Frank Hughes said his agency looked into Tapia's allegations about the neighbor, but "there wasn't enough there to justify charges."
Hughes' department is now investigating claims that Tapia threatened people with a gun Saturday. Tapia said she only had her snub-nosed .38 by her hip when she confronted visitors who busted open her gate.
Graham County officials disapprove of the gate, but they don't think Tapia is breaking the law since it's on her private land. The Bureau of Land Management and some area residents believe Tapia is blocking a public road and may sue her to restore access to the canyon.
In the meantime, the BLM has stopped issuing permits to the east end of Aravaipa, a gash in the Galiuro Mountains with endangered fish in its perennial creek, coatimundi in its riparian forests and bighorn sheep in its cactus-studded uplands. |
Read the rest here.
Editorial comment: Should landowners be able to do whatever they want with their property? Who benefits in this case? _________________ "We are here on the planet only once, and might as well get a feel for the place" - Annie Dillard |
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Daryl
Joined: 07 Feb 2003 Posts: 1168 Location: Everett, Washington
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Posted: 3/30/2005, 10:49 am Post subject: |
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I'm not an expert, but if your land blocks access to public property I believe you are required to provide an easement.
This case might be different since it's BLM land and not really public land??? _________________
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oriole_scott
Joined: 18 Jul 2004 Posts: 166 Location: the cornfields
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Posted: 3/30/2005, 11:06 am Post subject: |
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BLM land is public land (BLM is a federal government agency).
And I also thought that roads through private lands have to be open to the public, but maybe not? On Forest Service lands, there are lots and lots of roads that pass through inholdings (usually you see the no tresspassing signs along the road in these spots). This could set a disturbing precedent if people start closing roads or holding out for money to keep roads open. _________________ "We are here on the planet only once, and might as well get a feel for the place" - Annie Dillard |
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RedRoxx44 Queen of the Walkabout
Joined: 15 Jan 2004 Posts: 1167
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Posted: 3/30/2005, 12:46 pm Post subject: |
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While at the Klondyke store a few weeks ago, the owner and several ranchers discussed the " gate" issue. Bottom line, probably an old ranch road thru mostly private land developed later on as access to Aravaipa and others, the county maintains it, but the wheels of the government will turn very slowly.
Don't look for it to open anytime soon.
Look for more vandalism in and around that gate though. _________________ You can rest when you're dead |
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JW I'll make rain with my spaceman powers!
Joined: 20 Sep 2003 Posts: 1296
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Posted: 3/30/2005, 7:00 pm Post subject: |
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The question of declining access across private property via easements, has been a long running issue in Tucson. There are a couple old, rarely-used, THs above Campbell that developers have attempted to fence a few times. Eventually, they might succeed just because no hikers challenge them anymore.
The land belongs to everyone, but vested interests will continue to try to prevent access. _________________ What a magnificent time to LIVE! - Everett Ruess.
Since my house burned down, I now own a better view of the rising moon. - Masahide. |
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JW I'll make rain with my spaceman powers!
Joined: 20 Sep 2003 Posts: 1296
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Posted: 3/30/2005, 7:16 pm Post subject: |
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Daryl wrote: |
I'm not an expert, but if your land blocks access to public property I believe you are required to provide an easement.
This case might be different since it's BLM land and not really public land??? |
In Tucson, the legal precedents are mixed. There is no default requirement. However, landholdings of native Americans are generally an exception.
In Chicago, skyscrapers are still built in accordance with Native American rights to access paths to lake Michigan to launch canoes. _________________ What a magnificent time to LIVE! - Everett Ruess.
Since my house burned down, I now own a better view of the rising moon. - Masahide. |
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Daryl
Joined: 07 Feb 2003 Posts: 1168 Location: Everett, Washington
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Posted: 3/31/2005, 6:33 pm Post subject: |
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I said it's not really public because it's only open to the public via a very limited number of permits. It probably still is considered public but it's very possible the legalities of the issue is different because it's BLM land and not State Park, Nat Forest...
Either way, the BLM simply needs to check to see if there was ever an agreement for an easement. If there was, they need to enforce it, otherwise they can claim eminent domain and simply take it (and don't need to pay for it). _________________
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