SYRINGA, Idaho (AP) - An Idaho man is fighting the U.S. Forest Service in court, contending that additions he made to his private property within the Clearwater River Wild and Scenic corridor do not violate 25-year-old development restrictions.
The U.S. Forest Service has sued Therral "Terry" Jackson in U.S. District Court in Boise, asking Judge Edward J. Lodge to order him to stop cutting timber, cancel further construction plans and remove a new concrete retaining wall, footbridge and other improvements on portions of his 3-acre lot. The land is on the Middle Fork of the Clearwater River near Syringa, 90 miles east of Lewiston in northcentral Idaho.
If Jackson doesn't remove the additions and return the landscape to its previous condition, the Forest Service says it will tear out the developments and bill Jackson for the cost.
The agency contends Jackson has violated terms of a scenic easement the Forest Service bought from previous owners of the property in 1980 for $3,200 that prohibits "changes in the general topography of the landscape or land surface." The easement was acquired by the government to preserve the natural character and water quality of the corridor, which was designated by Congress in 1968 as a national "Wild and Scenic" river.
Jackson, who bought the property in 2002, has built a "massive concrete retaining wall, patio, foot bridge and concrete walk to the residence" according to the complaint filed in late May.
Jackson filed his first response July 7, acknowledging he was aware of the easement restrictions when he bought the land. He argues that his projects do not represent any change in the general topography of the landscape.
Acting as his own attorney, Jackson also denies that he needed authorization from the Lochsa District Ranger of the Clearwater National Forest before proceeding with the projects.
"I think the easement is a good thing," he told the Lewiston Tribune newspaper. "It is just misadministered by the Forest Service."
Assistant U.S. Attorney Deborah Ferguson in Boise said legal action was brought only after Jackson refused to work with Clearwater forest officials. She said the federal government bought the easements to prevent encroachments that threaten the river corridor, and must go to court to enforce the requirements.
"The United States spent a lot of money to purchase easements on the Clearwater and certainly has valid property rights," she said. "It's not fair to those who do comply to let others not comply."
The Forest Service purchased numerous scenic easements along the 185-mile river corridor after the federal designation created new protection standards. Each easement agreement includes different requirements, from banning signs and billboards to prohibiting unsightly structures.
"Enforcement is a daily process of observation and communication with the landowners," said Heather Berg, Wild and Scenic Rivers administrator for the Clearwater and Nez Perce National Forests. "And we expect landowners will come to us when they have proposals."
According to correspondence submitted in the lawsuit against Jackson, Lochsa District Ranger Cynthia Lane first notified Jackson in July 2004 that she had discovered "several changes have occurred without my knowledge or approval." The agency sent Jackson two more letters asking him to stop construction and remove the improvements before filing the suit.
Lodge has set a scheduling conference on the case for Aug. 31.
Posted in State-and-regional on Monday, July 11, 2005 12:00 am
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