OMRA Legal News

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Subject:        Ben Smith Road easement case.
Importance:     High

Hello everyone - ODF's legal rep. Marilyn Odell, at the Attorney Generals office would like to locate users of the Ben Smith Road area from the 60's to support the prescriptive easement claim we are pursuing in court. Vance Walker was going to make some contacts for Marilyn and Bert Basset suggest she contact Lobos also. Do any of you know of other people Marilyn might contact regarding OHV use in that area in the 60's? I was thinking Billy Toman, Bob Schwarz, and Dave Cady might be able to provide some information about use in that area.

Any other folks that come to mind please have them call Marilyn Odell at:

Assistant Attorney General
Oregon Department of Justice
Civil Enforcement Civil Recovery
(503) 947-4400 fax (503) 373-7067

This type of information is important to our case.  If ODF does not prevail then these landowners will attempt to gate the road and prevent all public access through Ben Smith Rd. This could impact OHV events, Search and Rescue volunteers responding to a accidents, emergency vehicle access to accidents on the roads and trails, and it would isolate a large piece of the forest from the highway.  From Ben Smith you would have to make a long detour to get to the highway (your choices are S. Fk. Wilson Rd. and all the way down Archers to Jordan Cr. Rd.).  No more hot dogs at Lee's Camp or easy access to event check points for volunteers.  Again if you know of folks who can talk of their experience riding and accessing the Ben Smith area from the 60's please get them in contact with Marilyn.  thanks!

Clyde Zeller, District Recreation Coordinator
5005 East Third Street
Tillamook, OR 97141
503-842-2545
czeller@odf.state.or.us