Posted on 05/15/2014 7:36:14 PM PDT by rickmichaels
A man who lives near Oprah Winfrey’s new property above Telluride, Colorado, is suing her for allegedly blocking access to hiking trails open to neighbours for decades.
Retired nuclear physicist Charles D. Goodman claims Winfrey’s Yellow Brick Road company, the property’s former owners and the town of Mountain Village made a secret deal to close access to the trails that cut across the property purchased for $10.9 million in March.
“I don’t care if Oprah is a neighbor, but if she is going to cut off access to trails, I don’t find that acceptable,” Goodman said in an interview with the Denver Post.
(Excerpt) Read more at arts.nationalpost.com ...
nope , she uses the access for quick travel to the ultra luxury Kihei resorts and the fine dining restaurants there
She calls it a trail. We call it I-70. ;-)
Lots of liberals screamed to close down OHV trails because it isn’t part of their acceptable activity list.
good. Let them suffer what we did for a while with their green/PC hiking trails. I no longer have pity. Then when they decide to get of their environmental high horses, we can open them all back up together. If not, let them suffer the loss alone.
She’s probably the only black person living in Telluride...its her get whitey meme.
Liberals are always work to the working class they say they support.
Rudest and stupidest people are the left.
I think easement rights are well established in real estate law....unless you are above the law!
Easements are great for certain purposes. I wonder who would be legally liable if someone got hurt in the easement zone of property one owns. That may be a prime concern.
they may exist, but are not considered by me, constitutional...
i know the law may be different, but a lower court case law denotes easements and regulations as so much extortion...
private property rights should trump easements.
yes just my opinion, and i cannot find the land case where it was said by an reporter for the LA times i think, that the ruling will do for land owners as brown vs BOE did for education...
i will look for it.
teeman
Imagine ...The Number of CONES set free to ve used .. elsewhere
This illegal action by Oprah, (many States have a time period established for earned public usage of a private property road or trail)
Only *unpermitted* use can lead to a prescriptive easement. That’s first year law school stuff.
I agree. Oprah isn’t well liked and probably should close access to her property.
A prescriptive easement is one upon another’s property without the property owner’s consent for a period of 18 years. The use must not be inconsistent with the owner’s use of the land. The problem with a prescriptive easement is that it is not recorded with the title and does not have a specific location or size, and furthermore may change over time due to erosion and use.
When you are selling your property the prescriptive easement must be listed on the title. In Colorado, as in other states, one cannot just obtain a prescriptive easement. In order to gain this easement, you must show that you have crossed or used that portion of the property for 18 years without permission. If you purchase a property with such an easement, the easement must remain in place. In situations where the easement description is not in writing, the court will decide how the property has been used in the past – most often this will be a pathway or vehicle way.
Additionally, in Colorado, the easement must be “open and notorious” in order to show use. In other words, the use must be obvious to anyone including the owner in order to gain prescription.
OHV = over head valve ???
Off Highway vehicle...dirt bikes, Quads, 4x4s ect. They/Govt/Media/industry use OHV as an official designation/coverall term.
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