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Wednesday, March 30, 2016

property rights!


     Last Thursday, New York State’s Court of Appeals heard a case on a canoer’s trespassing on private land. The court case, while somewhat lacking in sex appeal, gives an interesting insight into the ongoing struggle of complex laws attempting to govern the private and publicly owned park. The case itself centers on a journalist who essentially turned himself in by writing a story about his canoeing trip across the privately owned section of a river. The disputed waterway is coveted canoeing territory connecting Little Tupper Lake and Lake Lila. Although in a strictly literal sense the case is about the navigability of one specific length of a river, still in a broader scope the court is creating a precedent on the extent of private property rights of land within the park.

     In a case like this one of the most helpful indicators for understanding the true repercussions is looking at what groups are sponsoring what side of the legal battle. Several environmental groups including the Adirondack Mountain Club, Environmental Advocates, and the Department of Environmental Conservation have come to Browns defense indicating that however small, something is at stake. On the flip side, the Property Rights Foundation of America (shocking), Empire State Forests Products Association, the Farm Bureau, and the Adirondack Landowners Association support the owners of the private property in question.

     Without launching into full-scale investigative mode, my personal take on the case is that this is a battle between those who believe in the exploration of the park versus those who’d like to own part of the park. As a class of college students it’s hard to imagine many falling on the landowner’s side, but at the same time it’s important to try to put ourselves in someone else’s shoes, and maybe imagine our own possible property-owning futures.






2 comments:

  1. I agree with you that we should consider what it is like to have our own property in the future. Since we do not own property yet, I think it is easy for us to focus on the benefits of accessibility (to the park) to the public. However, there is an argument for private owners to have control of their own land and their rights cannot be simply stripped from them either.

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  2. It's really hard to deal with these private/public land disputes. The Adirondacks are made to be explored, but having people within the park complicates everything. This struggle is very unique to the Adirondacks and very interesting and telling of the Adirondack legacy.

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