HELP, Landowner Blocking Historical Access Point to the Miami River, How To Proceed

[JohnSmith]

A few weeks ago I was I was exploring some spots by Tillamook. One spot was the Miami River using Frank Crane Road. Id never been but OnX made it seem like a Legal Access and a few internet sources also made it seem legit.

But when I arrived at Frank Crane Road, there was a big gate that states "Private Easement, No Public Access." I though to myself that was strange and moved on.

Later when I got home I did a little digging and came across this website

After reading the article and emailing the woman who wrote it, it became apparent that this particular landowner was encroaching on our public access. She has reached out to the state with no help, and the Rocky Mountain Elk Foundation, & Oregon Hunters both are have local ties to the family of the 2nd landowner behind the gate, and won’t get involved.

She says that "Every entity directs us to seek a remedy in court as private citizens. Of course this would take someone with deep pockets"

So I ask what is there for us to do. How can we get this landowner to take down the Gate? Is it within our legal right to Physically remove the gate? If i were to put a glass dome on top of a Public Park and people broke it to access the park would that be illegal?

 

[Little Fork]

A few weeks ago I was I was exploring some spots by Tillamook. One spot was the Miami River using Frank Crane Road. Id never been but OnX made it seem like a Legal Access and a few internet sources also made it seem legit.

But when I arrived at Frank Crane Road, there was a big gate that states "Private Easement, No Public Access." I though to myself that was strange and moved on.

Later when I got home I did a little digging and came across this website

After reading the article and emailing the woman who wrote it, it became apparent that this particular landowner was encroaching on our public access. She has reached out to the state with no help, and the Rocky Mountain Elk Foundation, & Oregon Hunters both are have local ties to the family of the 2nd landowner behind the gate, and won’t get involved.

She says that "Every entity directs us to seek a remedy in court as private citizens. Of course this would take someone with deep pockets"

So I ask what is there for us to do. How can we get this landowner to take down the Gate? Is it within our legal right to Physically remove the gate? If i were to put a glass dome on top of a Public Park and people broke it to access the park would that be illegal?

It’s a pretty place and not at all surprising that someone would try to restrict access.

You might post this information on ifish. It seems like there are a lot of people with connections to that area on that site.

 

[Zak]

I suggest reaching out to the Trust for Public Land:

Oregon Archives

TPL conserves important land in Oregon. We strive to bring the outdoors to areas that need it most. See our newest projects!

www.tpl.org

If they can't help, they might know someone who can.

 

[RCF]

Welcome to the PNWFF board.

Sorry for dilemma as your first post.

As a land owner that had access issues across my property, I had to spend $$$$$ to rectify it. Thankfully Montana law was on my side. Until I threatened to give the land to the state did they finally come to their senses.

When the property owner did the gate, they are prepared for the fight. They know what it takes to fight the fight. If the county or state will not take it on, you are probably SOL.

I would research everything you can. Dig deep into everything you can. Historical access does not equal access now. Look into Oregon law in depth. Build your case and contact the county and state, departments and representatives, and seek their help with case you developed. It takes big bucks and a powerful government to enforce the judgment.

Good luck in your endeavors.

 

[SurfnFish]

Suggest going to the Tillamook Public Works office and ask them to verify if the road/gate in question is legally filed as a public easement or a private road. If the former, ask them to contact the Sheriff's office to have the gate removed. If the latter, than the property owner is within their rights.

 

[Zak]

Maybe get the press involved?

 

[RCF]

Maybe get the press involved?

Do the research to show it is wrong first.

 

[Zak]

Do the research to show it is wrong first.

Sometimes investigative reporters are good at research.

 

[SSPey]

This road has been gated for 5+ years now … I have an old research site back there, on state forest. The state isn’t motivated to open it because of past problems with dumping/squatting/vandalism. There is (or was …) access over the NW ridge, but it’s a pretty long drive.

 

[dirty dog]

This is what I know about gates that block public land from the public.
Where I live east of Roseburg the checker board of public and private land is controlled by the private land owners.
The logging companies gate the roads to keep the public from using and abusing their property, but that blocks the public from driving to the public land.
You can walk or ride your bicycle to the public land.
Also I would like to welcome you aboard.

 

[Tallguy]

I greatly dislike privatization of public lands and losing access.

Sometimes rural woods problems require rural woods solutions.

 

[SurfnFish]

Thing to understand about landowners in OR, especially in Tillamook County, is they can be both touchy and armed. I had several 'trespassing' incidents in my 15 years of hitting the rivers hard, including one where I knew I was within my rights having entered the river legally alongside a bridge abutment, but there was little sense in arguing with a yelling frother on a quad with ready shotgun racked on the handlebars.
When I first began fishing the rivers and streams spread across three Oregon coast counties that would become my fall through late winter go to's for salmon and steelhead, a common refrain I heard was 'them Tillamook boys a different bunch."

 

[Banned user]

'them Tillamook boys a different bunch."

Boy Howdy! I had a HS teacher in Portland who taught in Tillamook County for a while. One day, one of his high school students came in, looking like 40 miles of rough road. The kid said that he and his buddy had been jacklighting deer on the mountain roads, when they came across a bull elk on the road. As their truck approached, the elk stayed on the road, running. They caught up to the elk, and this kid put a knife in his teeth and jumped from the truck bed onto it, thinking to slash its throat. Well, the knife soon fell out of his teeth and he was holding on for deer (see what I did there?) life. The elk decided to take that moment to leave the road, and this kid got totally scratched up by trees and branches, until he was finally flung off, a half mile from the truck. His buddies had to carry him back, but no broken bones.

 

[mcswny]

Boy Howdy! I had a HS teacher in Portland who taught in Tillamook County for a while. One day, one of his high school students came in, looking like 40 miles of rough road. The kid said that he and his buddy had been jacklighting deer on the mountain roads, when they came across a bull elk on the road. As their truck approached, the elk stayed on the road, running. They caught up to the elk, and this kid put a knife in his teeth and jumped from the truck bed onto it, thinking to slash its throat. Well, the knife soon fell out of his teeth and he was holding on for deer (see what I did there?) life. The elk decided to take that moment to leave the road, and this kid got totally scratched up by trees and branches, until he was finally flung off, a half mile from the truck. His buddies had to carry him back, but no broken bones.

This is f$&@ing hilarious.

 

[FinLuver]

Sometimes investigative reporters are good at research.

Do they still exist?
I thought they were equal to the unicorn or dodo birds these days.

 

[SSPey]

There’s a youface page link in that thread for those of you with faces

 

[Mossback]

The folks that put up the gate are ready to fight, as was pointed out earlier, and no doubt have an attorney or two.
If you're serious, you'll need an attorney also, otherwise you'll be an unarmed man in a gunfight....so to speak.

 

[krusty]

Do they still exist?
I thought they were equal to the unicorn or dodo birds these days.

Indeed.

Investigative reporters are long gone from the newsprint world, and on-line 'photojournalists' don't do investigative work...the pressure is to post stuff off large wireservices and low effort short bits suitable for the short-attention span public that can barely read.

 

[JimTravers¤£a!!Travers]

Sometimes it just comes down to GET OUT OF MY WAY

 

[sleestak]

I don't really have a dog in this fight, but it got me curious enough to do a little research. According to information on the county assessor's website, the individuals that bought this property appear to be from a family that has a long history in Tillamook county and the Garibaldi area. They are likely pretty well connected with individuals in the legislative agencies for the area, which explains a lot of the dead ends and ambivalence towards it.

It looks like one of the folks on the property owns and operates an excavation business in the Garibaldi area. They likely know exactly what they are doing, have quite a few local folks on their side, and are seemingly ready to go to battle. There was a similar situation with a gate on the road in the late 80s and the individual lost that case, probably because he wasn't as well connected in the community and maybe because such actions were considered more egregious back then.

They are obviously waving their middle finger at everyone right now and daring anyone bold enough to come and fight them. Their calculus is certainly that nobody is willing to put up the funds to take them to court and deal with the small town politics that have seemingly permitted and turned a blind eye to their behavior. Frankly, it's a pretty good bet. As another poster said, sometimes rural woods problems require rural woods solutions.

Perhaps Prouty Creek will have a thousand year flood and wash out the bridge leading to their property from the highway, might make them reconsider the viability of their location. Hopefully after a lot of money has been spent on it.