MIDWAY BLUFFS FRIENDS

"Saving Non-Boater Access"

754 people signed a petition to keep Old Sunny Slope Road Open to the public so that boaters will not be the only people to enjoy the Midway Bluffs

What are the public's Legal rights?

What may have begun as "trespassing" or mistaken belief that the trails to the Midway Bluffs belonged to the U.S. Army Corps of Engineers after the lake was filled in the 1960s became an absolute irrevocable right under Arkansas law.

The public's Right to prescriptive easements

Prescriptive easements across private property can, but do not have to be, recorded. The law presumes that buyers do their due diligence before purchasing properties that could be subject to easements. Unless it is “wild and unenclosed” (in which case use is presumed to be by permission), Arkansas courts going back to the 1800s have recognized that the use of private land that is open, notorious, and averse to the owners interests ripens into an absolute right after seven years. That right is legally irrevocable unless abandoned for seven years.

Caveat Emptor:

“let the buyer beware”

While easements are often straightforward and within the understanding of the typical buyer, real estate agents should not assume that clients understand the implications of an easement. Legally, the onus is on the buyer to perform due diligence before making a purchase.

Also, sellers are typically required to identify whether any other person or entity has a right to use the property, or part of it, in their Uniform Seller’s Property Disclosures. The seller (or even the seller’s real estate agent) may be exposed to potential liability if the existence of an easement is not disclosed to a buyer.

South Side

of Hwy 225

Bridge

A new vacation house was built and a gate blocked the access road clearly shown on the survey filed at the courthouse, on maps, and an aerial view. The buyer would be presumed by law to be aware of the road and that it was being used by the public.

North Side

of Hwy 225

Bridge

A text sent by the buyer of bluffs property to an ArDOT Commissioner shows actual (not just presumed) knowledge:

“I … just purchased this property at Greers Ferry Lake. People have been parking on this unused section of the Old Hwy 225 and trespass/liter/loiter on to my property. I'd like to get this deeded back over so I can put a gate up.”

ArDOT Property On Both Sides of Hwy 225

Bridge

Property on both sides of the new bridge were purchased by ArDOT for $3,125. Unless and until the County Judge determines that the old obliterated roads are "useless," Cleburne County still has jurisdiction. It is essential that public access be preserved.

U.S. DOT has a Federal Lands Access Program that provides no-match grants to insure public access to Federal Lands and Waters

According to Mr. Lewis Grimm, Director of the FLAP program, providing public access to the Midway Bluffs is exactly the type of project they like to fund.

LITIGATION

Motion for Summary Judgment https://publuu.com/flip-

book/389593/883673/page/1

MSJ Brief in Support https://publuu.com/flip-book/389593/883745

MSJ Exhibits https://publuu.com/flip-book/389593/883742