WSP05244

• File Number: 7630.225
• Description: Wild and Scenic-Elk River
• State: CO
• Date: 5/9/1977
• Title: Elk R-WSR Study Correspondence-Elk Wild and Scenic River Study-Rough Draft
• Water Supply Pro - Doc Type: Report/Study

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In dondemnation cases, the value of the easement can be established 1n court.

The Judge or jury reaches a decision which is binding on both parties.

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WHAT ABOUT DONATING SCENIC EASEMENTS?

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It's possible, and in some cases the donation is tax deductible.

WHAT IS AN ACCESS EASEMENT?

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A public access easement is, in essence, selling the public a right to
enter a defined ~rea of privately-owned land. There are two types
of public access 'easements. those leading to the river and those
along its shores.

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Access along the river is provided in a corridor as narrow as the

terrain permits. This allows the public to walk along the river. Any
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".->-f1!nce> -o~ changes which might be require~Jwould be at federal
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expense and constructed to minimize impacts on existing uses. The

Forest Service's law enforcement authority would deal with such problems

, as littering or wandering out of the corridor. The value of an access

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easement is determined in the same way as with a scenic easement.

IN SUI1'IARY

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If the Elk is eventually included in the System: :
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No one can be requi red to gi ve up his 1 and. .

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No oo,e can be required to change his existing land uses.

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Fair market value will be paid for any scenic or access

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rights given up by a landowner.

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