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<br />0)3373 <br /> <br />(0 <br /> <br />WHAT IF NO AGREEMENT ON <br />PRICE CAN BE REACHED? <br /> <br />In condemnation cases, the value of the easement can be <br />established in court. The judge or jury reaches a decision <br />which is binding on both parties. <br /> <br />WHAT ABOUT DONATING <br />SCENIC EASEMENTS? <br /> <br />It's possible. and in some cases the donation is tax deductible. <br /> <br />WHAT IS AN ACCESS EASEMENT? <br /> <br />A public access easement is, in essence, selling the public a <br />right to enter a defined area of privately-owned land. There are <br />two types of public access easements, those leading to the river <br />and those along its shores. <br /> <br />. <br />Access along the river is provided in a corridor as narrow as the <br />terrain permits. This allows the public to walk along the river. <br />Any changes, such as relocating fences, would be at federal <br />expense and constructed to minimize impacts on existing uses. <br />The Forest Service's law enforcement authority would deal <br />with such problems as littering or wandering out of the <br />corridor. The value of an access easement is determined in the <br />same way as with a scenic easement. <br /> <br />If the Elk is eventually included in the System: <br /> <br />No one can be required to give up his land. <br /> <br />No one can be required to change his existing <br />land uses. <br /> <br />Fair market value will be paid for any scenic or <br />access rights given up by a landowner. <br /> <br />The public access easements along the shores of <br />the river will be written to produce a corridor as <br />narrow as terrain and convenience permit, and the <br />Forest Service will be responsible for maintenance I <br />and enforcement needs. <br />