This Land Is No Longer Your Land

Brad Wilson is following a forest trail and scanning the dusky spaces between the fir trees for signs of movement. The black handle of a .44 Magnum juts prominently from his pack. If he stumbles on a startled bear at close range, the retired sheriff’s deputy wants to know the gun is within quick reach, in case something stronger than pepper spray is needed. Wilson isn’t the type who likes to take chances; he’s the type who plans ahead. Before setting foot on this path, he unfolded a huge U.S. Forest Service map and reviewed the route, Trail 267. He put a finger at the trailhead, which was next to a ranger’s station, then traced its meandering path into the Crazy Mountains, a chain in south-central Montana that’s part of the northern Rockies. Like many of the trails and roads that lead into U.S. Forest Service land, Trail 267 twists in and out of private properties. These sorts of paths have been used as access points for decades, but “No Trespassing” signs are popping up on them with increasing frequency, along with visitors’ logs in which hikers, hunters, and Forest Service workers are instructed to sign their names, tacitly acknowledging that the trail is private and that permission for its use was granted at the private landowners’ discretion. Wilson hates the signs and the logbooks, interpreting them as underhanded attempts by a handful of ranchers to dictate who gets to enter federal property adjacent to their own. Several of the owners operate commercial hunting businesses or rental cabins; by controlling the points of ingress to public wilderness, Wilson says, they could effectively turn tens of thousands of acres of federal land into extensions of their own ranches. That would allow them to charge thousands of dollars per day for exclusive access, while turning away anyone—hikers, anglers, bikers, hunters, locals like Wilson, or even forest rangers—who didn’t strike a deal...He trudges up a rooty slope and, after a blind bend, sees something straddling the trail that stops him cold. It’s a padlocked metal gate. He hiked this trail a couple of weeks before, and the fence wasn’t there. A sign on it reads, “Private Property: No Forest Service Access, No Trespassing.” It’s exactly the kind of sign he’d been bad-mouthing a few minutes earlier, but he wasn’t expecting to see one here. The locked gate feels like an escalation, a new weapon in an improvised war...Before Wilson turns around and walks back to the trailhead, he vows that he’ll be better prepared next time. Alongside the .44 he’ll pack a pair of super-heavy-duty bolt cutters, and he swears he’ll tear that gate down...more

First, land owners have people sign those papers to protect their own property rights. Otherwise a prescriptive easement can be established over their property.

Second, in many situations, if the land owner is approached about the purchase of an easement or the possibility of a land exchange, things can be worked out.

To show you what has happened to the concept of private property in this country, we now have a former law enforcement officer prepared to destroy property so he can trespass.