Saw this on a Facebook group and thought it’s worth sharing on here. Long story short, this guy bought a group of mining claims up Avalanche Gulch back around 2020 for roughly $150,000 (I think that’s approximately what is was listed for if I remember correctly.) The claims total a long, roughly 3-4 mile stretch of the forest service rd and are surrounded by forest service on both sides. He already closed down access to at least two different trailheads because the trailhead parking area passes through maybe 30’ of his “land” once you get off the FS road. From what I gather, he’s now challenging that the easement and the road don’t match up, so wants to completely shut down the road at that point. He’s already basically shut off access to thousands of forest service acres along the 3-4 mile stretch of road, and if this is successful will shut down the road to prevent access to thousands of other acres that are currently accessible beyond where his claim runs out. I ran into the guy back in 20 or 21, and he is a complete asshole. Just wanted to put this on everyone’s radar to keep informed and see what we can do to try and prevent this from happening.
Avalanche Gulch - Access at risk
- Thread starter JVon13
- Start date
Thanks for the heads up.
Rack Daniels
Well-known member
@Elky Welky
I just watched something on this topic actually, until it’s shut down in court, he only has mineral rights and it’s still federally owned land. We can still access all the land therein (short of picking up any rocks) including the claim itself from my understanding, unless/until they patent it iirc.
I’ve dealt with a little of this up confederate, on both ends of the spectrum….
I just watched something on this topic actually, until it’s shut down in court, he only has mineral rights and it’s still federally owned land. We can still access all the land therein (short of picking up any rocks) including the claim itself from my understanding, unless/until they patent it iirc.
I’ve dealt with a little of this up confederate, on both ends of the spectrum….
Nunyacreek
Well-known member
- Joined
- Dec 13, 2013
- Messages
- 320
I’m confused - I thought this was patented (deeded) land. Is the court case about his the extent of the easement or his underlying title to the land?
Rack Daniels
Well-known member
Sounds like the court case is about the easement, general attitude toward access is about his claim. I didnt investigate on the interwebs further
Elky Welky
Well-known member
Thanks for the tag, this situation is one I am aware of and tracking, as it is a special place for me. I shot my first mule deer up avalanche in one of these exact places this guy has been harassing the public, well over 20 years ago at this point. That was my backyard all through middle and high school.
I also know someone who talked to someone with the FS (so yes, multiple levels of hearsay) who said the guy is the type that will shoot at you if you try to go up there. It sounds like the FS has been hesitant to get involved. PLPW has taken a role in tracking the litigation, but I am not entirely sure where it's at. Happy to do some more digging.
Nameless Range
Well-known member
First off, I hope this dickhead just gets shutdown in the existing legal system. For a century Avalanche Gulch has been established public access and currently is for hundreds of millions of Americans, and I bet thousands use it annually.
With the data center topic front and center, something I have spent a fair bit of time looking into recently is the use of eminent domain - which has increased in use due to datacenter needs. Incredibly, there is not a national dataset of the use of Eminent Domain. There are a myriad of things that qualify as "Public Use" under Eminent Domain, but it's been used for purposes relating to public recreation before, and my inner lunatic thinks if Avalanche Gulch were shut down, that arguably the most invasive thing a government can do to a citizen, take their private property, should be on the table.
With the data center topic front and center, something I have spent a fair bit of time looking into recently is the use of eminent domain - which has increased in use due to datacenter needs. Incredibly, there is not a national dataset of the use of Eminent Domain. There are a myriad of things that qualify as "Public Use" under Eminent Domain, but it's been used for purposes relating to public recreation before, and my inner lunatic thinks if Avalanche Gulch were shut down, that arguably the most invasive thing a government can do to a citizen, take their private property, should be on the table.
SAJ-99
Well-known member
Kind of sounds similar to the access issues in the Crazies - LO shutting down what was thought to be a well-established easement and FS didn't want to press it. I can't remember the exact thread. Maybe it was buried in the landswap thread? Then again maybe it was an entirely different situation. @Robg2 might know?
