WHEN PUBLIC ACCESS IS A GIFT

Respecting Private Land for Community Use

By Marcy Timblin, Kaniksu Land Trust Communications Director

When I was a kid, I could traipse the lands all around my house and never see a No Trespassing sign. In fact, our neighbors got a real kick out of seeing me emerge from the woods behind their houses with the occasional friend and our dogs. I didn’t know of a formal concept of public access. That was the norm back then. 

Looking back, I marvel that I never seriously injured myself or got lost (except the time my sister and I lost our way exactly ¼ mile from the house - so close my dad could hear us crying and came to our rescue). Still, people are injured every day while recreating and exploring outdoors. So, when landowners post No Trespassing signs, I get it. Many fear liability. And some just don’t want anyone lurking in their forest like I did as a child. 

On the other hand, many other landowners delight to see others enjoying the land as much as they do. They welcome visitors, knowing that Idaho’s Recreational Use Statute protects landowners from liability for injuries to the public who use their land for recreational purposes as long as access is granted free of charge. Giving others the gift of free access to nature is the only reward they seek. 

Public access on private property is granted through a spirit of generosity and often the only thing asked in return is that visitors respect the wishes of the land owner, which include basic guest etiquette such as staying on trails, not crossing property lines, and picking up after themselves. Sometimes more specific rules like firearm prohibition and dog policies are included. As guests on their land, we are more than happy to abide by their wishes or choose to recreate elsewhere. 

The confusion lies in the concept of public access versus public land. By definition, public land is owned by the public and managed by a government agency. The government is tasked with stewardship of these lands for conservation, recreation, cultural preservation, and resource management for the benefit of the public and future generations. These lands are typically supported by taxes, resource extraction, and other economic activity, such as park fees. 

Public access private land is private property, owned by an individual or organization that voluntarily allows the public onto their land. Although the owner may receive voluntary support from the public, it remains their private property. 

Kaniksu Land Trust’s Pine Street Woods is an example. Owned privately by a nonprofit organization (KLT), it was purchased by means of individual contributions, grants, and corporate gifts. KLT continues to receive support from users and others who value this resource that has been conserved in perpetuity by the land trust.

KLT’s core work is partnering with landowners who wish to protect their rural lands from subdivision and development through a legally binding conservation easement on the land. Conservation easements (CE’s), or agreements as they are sometimes called, can also be confusing to some because of the common misconception that CE’s are synonymous with public access. While some landowners choose to include a public access clause in their easement, and others informally open their properties to the public, the vast majority of landowners who put their land in conservation do not grant public access. These lands are typically conserved for their forest or agricultural value, wildlife habitat, water conservation, climate resilience, or cultural significance. Community access is a rare cherry on top.

Whether owned by an individual, family, or non-government organization, public access to these lands and waters is a gift. When we share in supporting these wonderful treasures in our community, we ensure that they will be here for generations to come. And a gift like that keeps giving forever.