WSP05399

• File Number: 7630.225
• Description: Wild and Scenic-Elk River
• State: CO
• Date: 4/1/1978
• Title: Elk W and S River Study-Public Meetings and Comments-Apr 78-Report of Public Involvement Meetings
• Water Supply Pro - Doc Type: Report/Study

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'J ..I . tr"itent of Condelilnation

Condemnation of private land was a major concern of nearly all the
landowners. Private land cannot be acquired for wild, scenic, or recrea-
tional river purposes in fee title throur,h condennation alonr, the Elk
River because the corridor is about 78 percent public land. ^ provision
in the Act states that if 50 l'ercent or nore of the acreage within a
wild, scenic, or recreational river corridor is federal or state owned,
acquisition of fee title to private land by condeI:mation is not pernitted.

Extent, Provisions, and Consequences of Easement~

TIle greatest concern expressed at the meetings was the acquisition and
public use of easements. There were also questions about liabilities
when an easement exists on a piece of land.

Two types of easements, scenic and access, nay affect private landowner-
ships within the Elk River corridor. One easeuent may contain both
scenic and access provisions. A scenic easement is a partial interest
purchased at fair r.larket value froni a private landowner in which the
United States would acquire certain property rights on a specific piece
of land for the purpose of insurinr that the scenic and recreational
qualities of the river enviroruaent would be maintained. An access ease-
t,ent is acquired in the same way except that its purpose is to insure
the public access to the river for their use and enjoyment of the river.
TIle easement, whether it contained only one or both scenic and access
provisions, would state which property rights are sold to the public.
This would be a legal document, permanently recorded in the county land
records.

SC-elUC EMemef1-t6

Scenic easeMents are not as cor.mon as access or right -of-way easel'1ents,
thus t:lisinfomation about them is often circulated. Sone of the More
important aspects of a scenic easement are: landowner retention of
current uses, restrictions on new buildinr., and preservation of land-
owner rights to both prosecute nespassers and sell the property.

Wi th a scenic easement the landolmer fully retains existing uses of the
land. Congress defined the bounds of a scenic easement in the mId and
Scenic l1ivers Act by stating that it ..... shall not affect, I'lithout the
owner's consent, any reeular use exercised prior to the acquisition of
the easer"ent... Even in cases I.here current use does not confom to the
character of the scenery in the river corridor, it will be fully pro-
tected and uay continue into the future. -

A scenic easement would place restrictions on buildinr. additions to
existinu structures, and on new residential or comnercial developnent.
In cases where develop~ent is constrained by the easement, such plans
Must be approved in advance by the Forest Service. l1lis approval 'lOuld
be based on a river management plan. Generally, development would be
permitted if it does not significantly change the appearance of the

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