Old Mine Road sparks suit
- demonicdreamz
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15 years 7 months ago #1
by demonicdreamz
SANDYSTON -- The federal government has sued a Sandyston family who put gates across Old Mine Road and who are claiming ownership of a portion of the centuries-old byway.
The suit, filed in late March by the U.S. Attorney's Office for New Jersey, seeks a permanent injunction ordering the Hull family to remove the gate and legal rejection of any claim they have to ownership of the road.
While the road dates to before European settlers discovered copper and iron in the hills, this dispute has its roots in the 1960s. That's when the federal government and U.S. Army Corps of Engineers took much of the property that now makes up the Delaware Water Gap National Recreation Area. The property, which was purchased through eminent domain, was for the Tocks Island project, which was to have been a hydroelectric/flood control/water supply dam and reservoir.
Among those who refused to sell their property to the government was Enos "Cy" Harker, who died in 2007 at age 93. He owned property on both sides of the road and laid claim to the road, even selling himself a deed despite the widely held belief the town of Sandyston had owned the road since there was a town.
While Harker claimed ownership, he never took action to stop the public from driving, biking or walking along the approximately 300 yards of road that cut through his property.
At one time, the township apparently took action to cede the roadway to the National Park Service, which took over ownership from the Corps when the dam project was shelved. However, the town's action apparently was never recorded in the Sussex County Clerk's Office and the oversight was not corrected.
The defendants, Matthew and Michelle Hull and Douglas Hull, bought the Harker property in 2007 and that fall, erected metal gates at each boundary of their property.
The lawsuit said Park Superintendent John Donahue met with the Hulls in an attempt to settle the matter but the family refused the offer. In December, they refused to meet with park officials who attempted to make a last effort at settlement, the suit said.
Contacted about the lawsuit, Matthew Hull said the park service has "publicly stated they don't own the road," and cited a 1994 newspaper story.
With that section of road blocked, the public, as well as park police and employees, is forced to take a detour of about two miles onto Kuhn Road and into Peters Valley.
"Property rights to this passage belong squarely with the public as they have for centuries," said Acting U.S. Attorney Ralph J. Marra Jr. "This is one of valuable public gems to be enjoyed by everyone, not just the Hull family."
Old Mine Road sparks suit was created by demonicdreamz
SANDYSTON -- The federal government has sued a Sandyston family who put gates across Old Mine Road and who are claiming ownership of a portion of the centuries-old byway.
The suit, filed in late March by the U.S. Attorney's Office for New Jersey, seeks a permanent injunction ordering the Hull family to remove the gate and legal rejection of any claim they have to ownership of the road.
While the road dates to before European settlers discovered copper and iron in the hills, this dispute has its roots in the 1960s. That's when the federal government and U.S. Army Corps of Engineers took much of the property that now makes up the Delaware Water Gap National Recreation Area. The property, which was purchased through eminent domain, was for the Tocks Island project, which was to have been a hydroelectric/flood control/water supply dam and reservoir.
Among those who refused to sell their property to the government was Enos "Cy" Harker, who died in 2007 at age 93. He owned property on both sides of the road and laid claim to the road, even selling himself a deed despite the widely held belief the town of Sandyston had owned the road since there was a town.
While Harker claimed ownership, he never took action to stop the public from driving, biking or walking along the approximately 300 yards of road that cut through his property.
At one time, the township apparently took action to cede the roadway to the National Park Service, which took over ownership from the Corps when the dam project was shelved. However, the town's action apparently was never recorded in the Sussex County Clerk's Office and the oversight was not corrected.
The defendants, Matthew and Michelle Hull and Douglas Hull, bought the Harker property in 2007 and that fall, erected metal gates at each boundary of their property.
The lawsuit said Park Superintendent John Donahue met with the Hulls in an attempt to settle the matter but the family refused the offer. In December, they refused to meet with park officials who attempted to make a last effort at settlement, the suit said.
Contacted about the lawsuit, Matthew Hull said the park service has "publicly stated they don't own the road," and cited a 1994 newspaper story.
With that section of road blocked, the public, as well as park police and employees, is forced to take a detour of about two miles onto Kuhn Road and into Peters Valley.
"Property rights to this passage belong squarely with the public as they have for centuries," said Acting U.S. Attorney Ralph J. Marra Jr. "This is one of valuable public gems to be enjoyed by everyone, not just the Hull family."
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15 years 7 months ago #2
by misterpat
Replied by misterpat on topic Old Mine Road sparks suit
Interesting, In that article, did they have any pictures of the barricades they put up?
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- demonicdreamz
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15 years 7 months ago #3
by demonicdreamz
Replied by demonicdreamz on topic Old Mine Road sparks suit
nope... the article just stated that a fence was put up at each end of the property lines
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