Dwight Watros is worried about the barbed wire fence at the back of his property in Orion Township.
Beyond the old cow fence is the Paint Creek Trail. On a nice afternoon, through a thin line of trees, runners, cyclists and walkers can be seen.
Watros has always mowed his grass all the way to the fence, as do many other homeowners in his neighborhood off of Parkview Boulevard that abutts the trail, he said.
Now that lawsuits have been brought to 56 homeowners along the trail’s path, which runs through Orion, Oakland townships, Rochester, Rochester Hills and the Village of Lake Orion, Watros doesn’t know who is responsible for the fence.
‘It’s a safety issue,? he said. ‘one of us has to take it out. If a kid comes running through, they could get hurt.?
There are even more litigious issues at play, though.
In March, property owners like Watros were first served with the lawsuits, brought by the Paint Creek Trailways Commission.
The suits, which came after a new survey of the land around the land, concern land encroachment. The survey, for instance, claimed Watros’s land didn’t extend all the way to the old cow fence.
In certain instances, when a property owner has been taking care of land for more than 15 years, the owner can sue under a quiet title action to claim undisputed property as their own, even if it wasn’t originally.
That’s exactly what happened in Menominee this past February when a couple filed suit against the city. The Michigan Court of Appeals found in favor of the couple, thus granting them land that was once the city’s.
According to Kristen Myers, Paint Creek trail manager, this is what spurred the 56 lawsuits the commission brought against the homeowners.
Watros was mostly worried how much money the commission was using to bring the suits.
‘We’re not trying to steal public land,? he said. ‘They’re using public money to sue the public.?
According to Myers, the commission has an obligation to keep the trail open, and any lawsuit brought against the commission from homeowners who could potentially take trail land needed to be prevented.
‘We’re just trying to protect the property,? she said.
So, the lawsuits were brought, essentially, to prevent lawsuits. Myers said the commission was trying to be as open as possible with the public. She said, so far, $8,655 has been spent in attorney fees, and about $550 on postage.
‘Taxpayer dollars are not paying for our legal costs. We are utilizing money that we get from annual license fees,? Myers said. ‘For instance, DTE Energy pays us $2,340 a year to cross the trail with electrical lines. We get close to $9,000 annually from license agreement fees from utility companies and commercial businesses.?
The commission also held an informational meeting on March 31 to discuss the issue with the property owners. Myers said there are approximately 500 properties that border the trail. And out of the 56 where there were encroachment issues, she expects to resolve about 50 to 52 of them without action.
An exception is in Rochester, where one of the property owners is a business that has a loading dock built on the disputed land.
Myers said they are not stopping the company from ceasing operations, and will work with them as much as possible.
All property owners need to do is sign a document acknowledging the official property lines on file.
So far, Myers said Watros hasn’t been heard from.
Others in Lake Orion who live near the trail think the commission is doing the right thing.
Betty Nelson, who lives on Paint Creek Drive, went to the meeting and signed documents acknowledging the new property lines.
‘I think they’re protecting themselves. It was a friendly lawsuit,? she said.
Nelson has lived in the house for more than 50 years.
‘We’ve been here a long time and we’ve seen a lot of changes,? Nelson said. ‘The trail is a wonderful thing. It gets people moving.?