Another WMA access rant- access blocked to thousands of acres of Chestatee

[ripplerider]

My nephew and I tried to hunt the Tollgate section on Chestatee Saturday morning only to find a private gate blocking the lower access along Town Creek and a "No Private Access" sign. I have been hunting this area for 30 yrs. or more and never found the road blocked.The small lot on Forest Service land where we park to hunt is the southern end of the Logan's Turnpike trail which starts out in Tesnatee Gap on Richard Russell Scenic Hwy.

We could still access this country via Tesnatee Gap but getting any game out would be a nightmare. Tesnatee is roughly 3300' high and the trail out is very steep. It's rough enough to get one out downhill in that country. Getting to where I like to hunt would mean side-hilling a long, long way through ivy thickets and rock cliffs. Bringing game back out that way would be nearly impossible.

I spoke with a Forest Service supervisor about this situation who said it's a done deal. Even though the public has been accessing this tract for over 50 yrs. this one landowner has the right to close the road. I think thats a crying shame.

 

[tree cutter 08]

I know where your talking about. We cut some trees for the guy last year and said he was going to have it closed. Sounds like he did.

 

[NE GA Pappy]

I hate it for you, but if he owns the land, more power to him. I wouldn't want people accessing my land without permission night and day either

 

[jbogg]

Hey Ripple! I have parked at Tesnatee gap and hunted off the AT west of Cowrock MTN. The WMA side of the trail is super steep. I have spent most of my time on the NF north of the AT. I have not had to pack anything out yet due to being on injured reserve most of this fall, but when that day comes it will be a gut check.

 

[jbogg]

Also, the pic in my avatar was taken while camping at Rock Top Spring along the AT. Somewhere in the valley behind me is the Logon's Turnpike trail.

 

[ripplerider]

I hate it for you, but if he owns the land, more power to him. I wouldn't want people accessing my land without permission night and day either

Then you and I dont think alike. A short section of road that the Forest Service had recently graveled passed through his land. There was no place to camp; I've never seen any evidence of partying in the parking lot. I dont think it's right to block access to thousands of acres of land that our tax dollars pay for because you have title to a few acres the road passes through. Theres a lot of history in that valley. The Logan Turnpike was the old wagon road through the mtns. Travellers used to cut a log and chain it to their wagon for a brake while descending. The log would be their payment for use of the road. Then the land was bought by the government with our tax dollars. I'm off to Blue Ridge WMA.

 

[JustUs4All]

All you have to do is get the taxpayer's dollars to purchase the road too.

 

[herb mcclure]

Ripplerider I want to say, I agree with you 100% about the old Logan Turnpike being gated; on private land in White county. Maybe this should be taken up with White county officials; as it is on private land. Us outdoor enthusiast need to let this be known about.

I have driven across Tesnatee Gap in days gone-by, using the old wagon road you are talking about, before the Richard Russell Hwy. was even built. Those old memories of days gone by; are still very vivid, thank God.

Good hunting on the Blue Ridge WMA, which reminds me to tell all; Duncan Dobie will have a book signing Dec. 3rd, 1-5 for his Arthur Woody's book; in Sautee, GA at the Glen House.
herb mcclure

 

[twincedargap]

I hate it for you, but if he owns the land, more power to him. I wouldn't want people accessing my land without permission night and day either

I agree. It sucks as a hunter, but as a property owner I wouldn't want people on my property either.

 

[Duff]

Man, I hate to hear that.

 

[NE GA Pappy]

Then you and I dont think alike. A short section of road that the Forest Service had recently graveled passed through his land. There was no place to camp; I've never seen any evidence of partying in the parking lot. I dont think it's right to block access to thousands of acres of land that our tax dollars pay for because you have title to a few acres the road passes through. Theres a lot of history in that valley. The Logan Turnpike was the old wagon road through the mtns. Travellers used to cut a log and chain it to their wagon for a brake while descending. The log would be their payment for use of the road. Then the land was bought by the government with our tax dollars. I'm off to Blue Ridge WMA.

then you are one of the many moochers that think that just because they want to do something, they should get to. If you want to cross that property, go talk to the old man, and offer to pay him X dollars for access, or buy the property and open it up for the world to use. Until it is your land, and your option to let people cross...

Suck it up, buttercup.

 

[ddd-shooter]

I've got mixed emotions about this. But my gut feeling is to be on the side of public use.
It's MY land behind the other man's gate also. Let's not forget that.
The forest service cannot 'land lock' a private landowner, and I think what's good for the goose is good for the gander. For all intents and purposes, that man has landlocked the public from using our land.
Far too often, historical easements get shut down in the name of environmentalist mentalities that want to keep humans out and make everything wilderness.
Personally, I think we have too many roadless areas due to this mentality and I think the forest service should be more proactive in keeping and gaining easement to OUR land.

 

[NE GA Pappy]

The forest service cannot 'land lock' a private landowner, and I think what's good for the goose is good for the gander. For all intents and purposes, that man has landlocked the public from using our land.

He hasn't land locked anything. The OP stated 2 other ways to get to the land he wants to hunt. He just doesn't want to work that hard to hunt it.

The law says you can't surround a piece of property and deny access. It doesn't say you have to let them cross your property, take on the liability of someone getting hurt, and clean up the trash behind someone, just so they can have a nice easy access to the public land to hunt.

Like I said earlier, If he wants to use the access point, go pay the man to use it, or go buy the property and use it the way he sees fit.

 

[NE GA Pappy]

It seems to me, some folks have just lost all there common sense. Herb is wanting the county commissioners to make a private land owner allow the public use of his land. Presumably without any restitution. Ripple thinks that he should be able to trespass just because he did in the past. I would bet good money if either of them owned the "few acres" they wouldn't want the public traveling thru their land at all hours of the night and day, making noise, scattering trash, and being a nuisance.

It seems everyone wants to beat the landowner over the head with the "government stick" to get what they want. Not that they have any rights to it, or are being denied anything except easy access to public land.

My Lord, and we wonder why the general population lines up for the democrat ticket when they are promised free cheese.

 

[jbogg]

He hasn't land locked anything. The OP stated 2 other ways to get to the land he wants to hunt. He just doesn't want to work that hard to hunt it.

The law says you can't surround a piece of property and deny access. It doesn't say you have to let them cross your property, take on the liability of someone getting hurt, and clean up the trash behind someone, just so they can have a nice easy access to the public land to hunt.

Like I said earlier, If he wants to use the access point, go pay the man to use it, or go buy the property and use it the way he sees fit.

If the road was used for decades by the public without permission from or objection by the owner then there is possibly a claim for adverse possession which could allow the road to remain open. So, Mr. Herbs recomendation to go to the county is not unreasonable. You have taken an access issue and tried to make an argument about freeloading. Apples and oranges.

 

[Joe Brandon]

Yall need to chill out and go hunt. Wow. Seeing way to much ugliness on here lately. We all have differences, some of them maybe very passionate oppisite opinions. That being said we are all on this forum because we are fellow sportsmen. Now get out there and have a good time boys!!!!!

 

[ddd-shooter]

Yes. I'm a total freeloader. I'm even using my govt issue internet device to type this up. Sarcasm.

My issue is simply easement. If it's been used in the past as a maintained road, why not continue the easement? Why does the govt not purchase an easement if it's officially never been done? Why is the forest service quick to allow road closure and never make any new ones? (I know the answer, but the point remains)
I never stated he was land locking the area. I said for all intents and purposes he was, and he is.
Why all the hate for those who hunt public land? Did the OP mention trash everywhere and poachers galore? I believe he stated the opposite. Also, ga law releases landowners of liability when someone is on their property and is injured hunting or fishing.

 

[Milkman]

Purchase or long term lease of the land that restricts access would be a good option IMO.
The land owner probably has a price/plan in mind if he/she were approached. Land boundaries, ownership, etc. is public record and is easily accessed through the county Qpublic site.

 

[Unicoidawg]

If the road was used for decades by the public without permission from or objection by the owner then there is possibly a claim for adverse possession which could allow the road to remain open. So, Mr. Herbs recomendation to go to the county is not unreasonable. You have taken an access issue and tried to make an argument about freeloading. Apples and oranges.

This^^^^ that road has been used for well over 60yrs by the public. Also people speaking about well just use the other side have no clue as to what kind of land this is. Your not just gonna pull around the other road and ease in, this is a couple of miles around and it is straight up and down. The Feds should have set up a easement into the property years ago.

 

[Milkman]

The Feds should have set up a easement into the property years ago.

I suspect the landowner fully agrees and may be willing to negotiate a deal.