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<br />The Goverc.ment 'oo:.:ld have no control nor right to exercise control '.mtn
<br />you have conveyed these ri[;hts to the United SUItes. We could only en-
<br />coura[;e lando,.mers to manag~ their lands consistent with the intent of /
<br />the Hild and Scenic Rive rs Act. . The .Fla thead' ~a t ional -Forest-has..Jc\'eloped. "
<br />guidelines- for-manat;er:'.ent- which contain the. ,items which. would be .used .1ateL.
<br />in...Ilathead River.easements iL the river Here included in the System.
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<br />Question:
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<br />What is an casement?
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<br />An easeQent is a partial land interest. Total property ownership is kno,'ll
<br />3S "fee" title. Fcc title includes real estate (physical things such as
<br />land. t'rees, soil, mJ nerals, home", ga rages, buildings, fences, e te") and
<br />~ prope':.E1.' Re"l property are tbe "rights" th"t are inherent in the
<br />ownership of real estate. ~'~en you 0,," real estate, you not only 0'..'11
<br />physical things, you also acquire rights to use, to not use, to .ch"nge,
<br />to modify, to sell, not sell, or give m,ay all or part of the real estate.
<br />These "rights" include not 0I-:1y sur~Ace eights. but also include sub-sur-
<br />face rights to the center of the earth and air rights above the surface.
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<br />~-Congre~s classifies the FlnthcDd River, the Forest Service would be
<br />~~Signed Lh~ -esponsibility to preserve and protect the river environ~ent.
<br />The United States could pureh;::se private property rights in order to pre-
<br />serve and protect the river envirollclent. There are many property rights
<br />which the Olmers could exercise lliLhout han,ful effect of the river. Thef':-
<br />rights would not be purchased by the United States.
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<br />Question:
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<br />~~y are eas~ments needed?
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<br />The basic purpose of an. easement ,could be to protect and enhance the en-
<br />vironmental quality of the; Fhthea<l .River Syocern. To thi~ end, property
<br />owners ,",'ould be asked to convey easc,ments ,,'hieh ir.1pose certain restrictions
<br />on future use and developr.,ent of land I-lithin the Ri"e-r-~;an"ce"'en-t-Zene--<area
<br />adjacent to the rh'cr vhi cll "ould bc classified as a part of Hilt: ar,d Scenic
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<br />Rivers Syste"j;. The objective "ould be to prevent pollution of the river
<br />and to eliminate undesirable uses or re"triet future development that could
<br />detract froD the scenic quality alld public enjeyment of the ri'ler area.
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<br />Ques t ion:
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<br />Some land ,,'ithin the River Hanar;el"ent Zone. cannot be seen from the river.
<br />Why would it be subject to scenic casements?
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<br />A definable river boundary for cl~ssification Hould have to be established.
<br />Easements ,muld be primarily directed to protect the viE\l from the river.
<br />Land more distant [rom the river and r,ot ,/lthin viel-l from the river, co:ild'
<br />be developed more intensively. It appears obvious t~ai sheer numbers of
<br />people living close to the river ,could have s suhstantial effect on the C
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<br />river enviro~ent. ,
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