Sometimes connecting trail segments can be a challenge. Highways and sections of private land can be barriers to the through routes that we desire. Landowners are often unwilling to sell part of their land to accommodate a trail, but they may be willing to allow riders to cross their land under the terms of an easement.
A trail easement authorizes its holder to use the trail property for a particular purpose and specifies the conditions of use. A property owner may convey to others the rights to create, maintain, and use a trail on their property without giving up ownership and enjoyment of the land. Allowable uses are whatever is put into the agreement and landowners who grant an easement to a trail organization or government entity remain under the protections of recreational use statutes. Discussion and negotiation of an easement can take a great deal of time. Be prepared, open and transparent with the landowners and address their concerns.
The government entity involved in obtaining the easement often has a specific set of requirements that must be addressed. These can include: the right to sign, the right of limited construction, the right to maintain, the right of use by the OHVs involved and the necessary trail grooming equipment. The landowner receives compensation as part of the agreement.
It is easy to get overwhelmed with easements, recreational use statutes, insurance, and other considerations. The best place to start exploring the potential for an easement is with your state department of natural resources (DNR) or equivalent. They are involved with easements for a variety of purposes and may have information specific to your intended use detailed as part of their OHV grant programs. They also can assist with some of the legal issues involved.
If you find that an easement might offer a solution to making a trail connection, check in with your DNR or equivalent agency to learn more about the program, and once better informed, follow through with the landowners involved.
We want to use all the tools available to us to provide a positive future for OHV recreation.
