Private owners, public-use problem

Monday, May 16, 2005

By CHRIS CHURCHILL
Staff Writer

VASSALBORO -- The guidebook advertises a hike in Vassalboro, a nice 1-mile stroll to the top of Cook Hill.

There's just one problem: The family that owns the hill doesn't want the land promoted and doesn't welcome the droves of tourists who come as a result.

So the Denico family limited access to the trail, requiring written permission for a hike.

That dismays some visitors discovering that the open access promised by the Appalachian Mountain Club guidebook doesn't match reality.

"They come and they get irate," said Rick Denico, a member of the family that owns Cook Hill. "It causes a lot of trouble."

Denico and other landowners throughout the state have faced the same difficulty because their land has listed in published guides, including online sites. So he appealed to lawmakers for help.

The result is a resolve sponsored by Rep. Robert Duplessie, D-Westbrook, the assistant minority leader.

It hasn't been written yet -- or voted on -- but Duplessie said it will request that state departments work with guidebook publishers, asking them to find out whether hiking trails cross private property and, if so, "to obtain written permission to publish information about such trails."

Duplessie initially planned harsher legislation that might have been difficult for state officials to enforce.

Now, however, he hopes a campaign by the departments of Conservation and Inland Fisheries and Wildlife will stem the problem -- and landowner complaints.

"I didn't want to penalize the publishers," he said. "They list a lot of great spots for everyone to find."

The Appalachian Mountain Club, at least, said it is already willing to listen to requests from those whose land is crossed by trails.

"If we know that a landowner does not want people on their property, we will not include that in the book," said Kevin Bruenig, communications director for the club.

But Bruenig added that it's difficult for the club to keep up with the ever-changing ownership of private land in Maine.

In response to Denico's concerns, the Cook Hill trail has been dropped from the most recent edition of the "Maine Mountain Guide," which AMC will release later this month.

Bruenig noted that the club also has added language to the new edition that stresses the importance of respecting private land.

"Hikers," it says, "should keep in mind that land ownership does change and trails that were previously open to the public may have been closed."

For his part, Denico stressed that his land remains open to the public -- with permission. The avid hunter said he opposes blanket land restrictions and likes the idea of locals using his land.

But vandalism -- and worries about the safety of telecommunications equipment at the top of the hill -- led Denico to require hikers and hunters to come to his door for a free, one-year access pass.

"The good people will come to your house," he said. "The jerks stay away."

Chris Churchill -- 623-3811, Ext. 431

cchurchill@centralmaine.com