Board addresses obstructed right-of-way in Birkshire Woodland management plan

The Dalton District Board discussed an obstructed right-of-way flagged in the Birkshire Woodland management plan and options to protect access.

A board member introduced the issue, noting the right-of-way crosses private land and is currently obstructed by a building. "If an assertion is not made for the deed right away, it could be lost," the member said, warning of adverse possession risks. A Birkshire Woodland representative said the organization is "still talking with the electric company on this because it's several layers," and recommended sending registered notice to reset the clock before pursuing remediation.

The representative described the usual process: send a registered letter with return-receipt requested to assert the deeded right-of-way, then pursue remediation or alternate access if the way remains obstructed. The representative noted that an existing survey is available and that staff could prepare documentation for the board’s legal review ahead of the next meeting.

Board members emphasized timeliness: years have already passed on the parcel, and the representative said presenting the formal documentation would "set the clock back to zero" and preserve the district’s rights while options are explored.

Next steps recorded on the transcript: management will prepare the documentation for the board, and a board member said she would have "Elizabeth look at it over our the lawyer" before the district proceeds. The board agreed to revisit the item at the next meeting.