HomeMy WebLinkAbout05-06-21 Public Comment - E. Sirr - Closed Trail AccessFrom:Terry Cunningham
To:Agenda
Subject:Fwd: sirremma@gmail.com
Date:Friday, May 7, 2021 9:48:53 AM
Sent from my iPhone
Begin forwarded message:
From: "Bozeman, MT" <webadmin@bozeman.net>Date: May 6, 2021 at 8:29:53 PM MDTTo: Terry Cunningham <TCunningham@bozeman.net>Subject: sirremma@gmail.comReply-To: Emma Sirr <sirremma@gmail.com>
Message submitted from the <City Of Bozeman> website.
Site Visitor Name: Emma SirrSite Visitor Email: sirremma@gmail.com
Creekwood HOA has closed access to previously public trail.The public has the right to gain a prescriptive easement to use this trail in the
manner it has been used (walking/running) for many years. The city should act toprevent this closure.
Gaining a prescriptive easement requires there to be open, notorious use of a
trail/land/road for a period of 5 or more continuous years. This applies in thiscase. I have been using this trail since my family bought a house in 2012 at one
end of the trail. Our neighbors have been around and using the trail for evenlonger than we have. None of our houses are in an HOA.
The Creekwood subdivision off of Bridger Drive has put up "No Trespassing"
"Property of Creekwood HOA" signs along the part of a previously public trailthat passes through their land. It also passes through multiple HOA properties,
private personal property, and city of Bozeman land. They have effectively totallyclosed off two loops of the trail at the bridges that lead to those loops.
I should be able to walk on the trail by my own house, this is ridiculous, this is
gentrification, please contact the Creekwood HOA. If they refuse to remove theirsigns they need to be sued for prescriptive easement.
Here is an HOA Law article about why HOAs cannot do this if there has been at
least 5 years of public use: https://hoalaw.tinnellylaw.com/non-residents-accessing-hoa-pr/
Here is their property information:
Property Category:RP Subcategory:Residential PropertyGeocode:06-0905-32-4-01-03-6500 Assessment Code:00RFH56065
Primary Owner: PropertyAddress:CREEKWOOD SUB
GENERAL DELIVERY COS Parcel:BOZEMAN, MT 59718-9999
NOTE: See the Owner tab for all owner informationCertificate of Survey:
Subdivision:CREEKWOOD SUBLegal Description:
CREEKWOOD SUB, S32, T01 S, R06 E, ACRES 16.984, COMMON OPENSPACE ACCESS 1 - 4, PLAT J-444