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Old 05-10-2019, 11:47 AM   #1
mphilli2
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Cederlands (sold)

http://www.adirondackdailyenterprise...et-to-be-sold/
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Old 05-10-2019, 05:50 PM   #2
Wldrns
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Well, it was going to happen eventually. So sad. I was in the gated/locked central area a couple of years ago (with specific permission from BSA) to write an article for a guide book when a big black SUV with NJ plates showed up with the real estate agent with a large man who was interested in the property. He had ideas of turning it into a youth and adult camping resort. When he learned of the surrounding easement lands he got very nervous that the public was allowed in there on the trails, on what was to be "his" property. Liability issues and all. He didn't understand the legal standing of a NY state easement. I offered to guide for him and gave him my card, but I never heard another thing after I left.
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Old 05-10-2019, 08:11 PM   #3
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So what happens to public access now?
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Old 05-10-2019, 08:16 PM   #4
Wldrns
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Quote:
Originally Posted by dundee View Post
So what happens to public access now?
Not sure, my understanding at the time, and after discussions with the local ranger (Jim Waters) on that same day is that the easement agreement between the state and new owner continues intact. Even to include the restriction that was written in that there would be no public access during traditional scout summer occupation season ( late June-late August). What has happened or changed legally, if anything since then I do not know.
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Old 05-11-2019, 06:57 AM   #5
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ok, thanks.
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Old 05-11-2019, 11:48 AM   #6
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Anything covered under the terms of the easement belongs to the state and would not be affected by this sale. Presumably in the case of Cedarlands, this would include the off-season recreation rights (public access September through May), as well as the development rights to those lands apart from the "core camp." So any new owner would legally have to abide by these terms as well. It's worth noting that every easement is different, though- without seeing the actual written terms of the easement, it's impossible to say exactly what rights the state does and does not own.

My understanding is that the state owned rights are covered by the same Forest Preserve protections that cover the lands outright owned by the state- I.e., the state can't sell these rights without a constitutional amendment.

IANAL, but I would imagine that if the state owns the recreational rights to the property, then any liability arising from recreational use would also fall on the state and not the property owner. FWIW, the state's general obligations law also limits the liability of land owners who open their lands without fee to public access. This is why portions of the Finger Lakes Trail are able to exist on private property- because those land owners are not liable if a hiker traveling across their property is injured or killed due to any risk that one reasonably would typically associate with hiking.

(Side note: The general obligations law protects hikers but not campers- due to an oversight in how the law was drafted. Some long-distance trails in NY have had difficulty getting campsites established on private property in NY due to this issue. The Northern Forest Canoe Trail for example is largely devoid of camping options between the Adirondack Park and the Vermont side of Lake Champlain. There's a number of land owners who would be more than willing to allow camping by thru-paddlers on their property if they weren't also liable for the risks generally associated with camping.)
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