About three months ago, one of my deputies and I were asked about a problem that exists over the use of some land. It is not unusual for the office to consider land issues, but it is usually in the context of easements and boundary disputes between neighbors. Most of these are civil disputes and do not involve criminal charges except for trespassing claims, but it is well known in the legal community that disputes over land can be very serious. People who are prone to instability can become very dangerous in land disputes, just as in domestic situations.

This dispute is different because it involves a citizen’s ability to access public (DNR) land to make use of a valid firewood permit. It involves a large tract of public land that is open for firewood permits. A private party has blocked a road on the public land which people have used for a long time to get firewood.

We were asked whether the person who blocked the road on this public land was committing a crime by blocking this road. After talking to local DNR officials, we reached the conclusion that a crime had not been committed. This is because a DNR official had authorized the private individual to block this road on this tract of public land. We also learned that the same individual owns a small parcel of land at the only other access to this large tract of public property. He has gated that access which he has a right to do.

The problem is that now there is no other way for persons who have firewood permits to access this piece of property to get the firewood. By authorizing this blockage, the DNR has effectively denied the public the legal use of the land and turned this piece of public land into a private hunting and timber preserve for a private person.

This is not right, but it is not a crime. This is a public policy decision which must be addressed through the State Commissioner of Public Lands. He is the elected head of the DNR and is on the board that sets DNR policy. Our office cannot do anything about this action of the DNR, but he can.

The public has right to legally use public land. I urge anyone who has a problem with the legal use of public land, to contact the folks who represent us in Olympia and the Land Commissioner. Public land should not be made the private playground or preserve of private persons or interests.