Right-of-way vs. the right to own

For three decades, the people of Kingston have been cutting through man made paths between Lindvog and Parcell roads.

For three decades, the people of Kingston have been cutting through man made paths between Lindvog and Parcell roads.

Some legal-minded residents would call this practice of trodding on both private and public properties trespassing. And while some walkers, bikers and horse riders who use the trail do so with consent from some of their neighbors, it is likely that many more do not offer the same courtesy.

Enter property owner Alan Mundell. Awhile back he expressed interest in buying a portion of the “trail” that is currently encompassed in a Kitsap County right-of-way. He also expressed interest in closing the path to public use.

If the county sells the land to him, or any private landowner for that matter, it runs the risk of losing a public pathway — albeit pretty much an illegal one. On the other hand, Mundell’s petition for the property is wholly justified and legal to boot.

Unless they can strike a deal with Mundell or the county can find an alternative solution, the trail will likely be rerouted. It’s unlikely that usage there will simply end after 30 years.

On this note, the county should continue to work with concerned residents and attempt to uncover a win-win situation. The obvious choice here is a cooperative effort that will allow users to continue along their “chosen path” to some degree and allow them to work with the land owners to maintain a path to benefit all parties. The county can address traffic. The users can address maintenance.

We’ll be keeping an eye on this one.

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