Little J update - Railroad joins Little Juniata River access fight
Exclusive club told to remove fencing, no trespassing signs
Wednesday, August 08, 2007
By Deborah Weisberg, Special to the Post-Gazette
As state attorneys and Donny Beaver prepare to do battle in a state appeals court over access to the Little Juniata River, another matter is unfolding along its banks.
Norfolk Southern Corp. has ordered Mr. Beaver, operator of the exclusive Spring Ridge Club, to immediately remove barbed wire and "no trespassing" signs from railroad property along the stream. If he fails to do so within 10 days, Norfolk Southern will perform the task and might bill him for the work, according to Norfolk Southern attorney Randal S. Noe, who made the demands in an Aug. 3 letter to Mr. Beaver.
Mr. Noe said yesterday that he doesn't know when the barbed wire and signs were erected, but the railroad only recently was made aware of them. The "no trespassing" signs bear the names of the Spring Ridge Club and Legacy Conservation Group, two of several corporations Mr. Beaver has or had an interest in. The barbed wire is strung among dense brush downstream of Spruce Creek.
"We were advised by a third party of [the wire and signs'] existence," said Mr. Noe. "We weren't aware of anything before that. But once we became aware, we got concerned."
Although Mr. Beaver leases a small, relatively narrow strip of land from the railroad along the Little Juniata, Mr. Noe said the signs and barbed wire are beyond the leased section. He also said that while the railroad "does not want to get in the middle of a dispute between the state and Don Beaver ... when [Beaver] allegedly invaded our property, we felt it was our duty to react."
Mr. Beaver declined to comment.
In the Aug. 3 letter to Mr. Beaver, Norfolk Southern demanded "the immediate removal of any barbed wire, fencing, barriers, signs or other material placed on our property by you, your employees, or agents." It further stated that the railroad company would inspect the property in about 10 days, remove and dispose of any such material and "reserve the right" to seek recovery of payment for the cost.
Three state agencies, including the Department of Environmental Protection, and local fishing guide Allan Bright sued Mr. Beaver and the club four years ago because they treated a 1.3-mile section of the river near Spruce Creek as members-only water.
Earlier this year, Huntingdon County Common Pleas Judge Stewart Kurtz ruled in the state's favor. Subsequently, Mr. Beaver was ordered not to post or hang signs on the stream, not to "threaten, harass or otherwise attempt to exclude the public" from the water and streambed, and not to advertise the river as private.
In recent months, however, "no trespassing" signs and metal posts with bright orange caps had been posted in and along the Little Juniata on the side opposite the railroad tracks, where Mr. Beaver owns land for the Spring Ridge Club, a private fishing organization that charges up to $80,000 for membership and thousands more in annual fees. The metal posts and most of those signs have since been removed.
Mr. Beaver appealed the judge's decision last month in a case that probably will be argued early next year.
Stan Stein, the attorney for Mr. Bright, who is seeking damages over income he claims he lost for all those years that the club advertised the Little Juniata as private, said the railroad issue "will have no effect on the appeal, but it may have an effect on how and whether the court might be asked to enforce the court order."
Re: Little J update - Railroad joins Little Juniata River access fight
You should also see the iron stakes that he has driven into the stream bottom. I would think that this is the state's property. When is this guy going to stop? He is only going to keep on losing. I wonder how he keeps on being able to getting these appeals through?? I always assumed that you needed to have merit for an appeal. I just hope that the state keeps on winning. I mean its one thing to "own" small streams but these larger river "do" belong to the public.
Re: Little J update - Railroad joins Little Juniata River access fight
I've never fished the Little J YET (I am planning on it soon!), but, I have been keeping up with the litigation and consequent rulings. It is amazing that Beaver continues to pull such antics. Unbelievable. In such a case that involves the state and its property, I doubt any "appeal" will be of any use. Let's at least hope not! The point has been made that the Little J. is a navigable passage. That seems to be an extremely concrete point (amongst many others I'm sure). He's up against an huge wall, to say the least.
I've gotta hook into some of those monsters you and Juice tied into at the end of April! ! !
