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69-674: The Big Four Ice Caves Trail , a designated National Recreation Trail , (#723) is one of the most popular hikes in the Mount Baker-Snoqualmie National Forest attracting over 50,000 visitors per year. Frequently exceeding several hundred hikers per day, the trailhead's two separate parking areas are often filled beyond capacity occasionally forcing hikers to park along neighboring Mountain Loop Road. A severe autumn storm in November 2006 caused flooding of

138-512: A broad swath of land, as do many government-owned conversation areas. Some public rights-of-way are negotiated with government as a part of property development. This can result in a public-use right of way, such as an urban waterfront walkway, the public right to use a lobby as a shortcut during business hours, or public access to recreational land such as an urban park (which may include activities not limited to simply passing through). In England and Wales under current law, public access to rivers

207-425: A category of trails known as connecting or side trails. Though there are no guidelines for how these are managed, these have been designated by the secretary of the interior to extend trails beyond the original congressionally established route. Seven side trails have been designated: National recreation trail (NRT) is a designation given to existing trails that contribute to the recreational and conservation goals of

276-441: A certain number of years without obstruction by the property owner. Changes to circumstances (such as construction of a new road that connects to the dominant estate), disuse, and obstruction by the property owner may affect this type of right. In other geographic situations, several neighbors will agree to maintain (or inherit from the original developer) a private road that connects their properties, either as communally owned or as

345-414: A concession) are known as in gross and are typically created by arrangement. Right-of-way easements that benefit the general public are often created for foot, bridle, mountain bike, and ATV paths (often carrying a mix of users). These routes are all formally highways, but have legally restricted modes of use. Such rights-of-way might extend a recreational trail network from land owned by the government or

414-418: A contractual, appurtenant easement. Private ownership typically gives the owners more power, such as the right to restrict parking to owners and their guests. Traffic laws (such as obeying speed limits and stop signs) typically still apply to private roads if they are open to the general public. Transferrable easements (such as the right to use a specific boat ramp not used by the property owner or operate it as

483-423: A conversation non-profit, to connect trails to public roads, to make long-distance trails , or provide access to a beach or waterfront. Especially in common law jurisdictions, these can be created by longstanding use, also known as easement by prescription . They can also be purchased or by a government or conservation group or created by eminent domain. Property owners can also explicitly grant permission to use

552-596: A national network of trails. Over 1,300 trails over all fifty states have been designated as NRTs on federal , state, municipal, tribal and private lands that are available for public use and are less than a mile to more than 500 miles (800 km) in length. They have a combined length of more than 29,000 miles (47,000 km). Most NRTs are hiking trails , but a significant number are multi-use trails or bike paths , including rail trails and greenways . Some are intended for use with watercraft, horses, cross-country skis , or off-road recreational vehicles . There are

621-647: A number of water trails that make up the National Water Trails System subprogram. Eligible trails must be complete, well designed and maintained, and open to the public. The NPS and the USFS jointly administer the National Recreation Trails Program with help from other federal and nonprofit partners, notably American Trails, the lead nonprofit for developing and promoting NRTs. The secretary of interior or

690-457: A permanent public easement. Some jurisdictions legally recognize the right to roam —to move through any undeveloped land unless otherwise posted or fenced. This allows wandering beyond established trails. Even without a general the right to roam, not all rights-of-way have a physical indication of boundaries, and some easements do not specify any particular path to be taken when crossing. Some easements permit certain recreational activities across

759-559: A popular destination for foreign tourists in the city. Traditional rights of way take the form of servitude de passage (right of passage) and droit de marche-pied (right to walk, along canals and canalised rivers). There is a system of about 120,000 kilometres of well-marked footpaths in France. Many were formerly the main routes between villages and are often "steeper and more direct than modern roads". There are also, in addition, sentier de grande randonnée , long distance trails . In

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828-420: A public way is over the private property of a single neighbor. In these cases, the owner of the "servient" estate (which is the one being crossed) may simply give permission, or the "dominant" estate (the one needing access) may purchase the easement, for example to construct a driveway. Such easements are attached to the dominant estate, or appurtenant . The dominant estate cannot sell the easement separately from

897-907: A recreation resource of superlative quality and of physical challenge." Most notably, the national scenic trail system provides access to the crest of the Appalachian Mountains in the east via the Appalachian Trail , of the Rocky Mountains in the west on the Continental Divide Trail , and of the Cascade and Sierra Nevada ranges on the Pacific Crest Trail , which make up the Triple Crown of Hiking . Other places of note include

966-527: A report in 1966 entitled Trails for America . The study made recommendations for a network of national scenic trails, park and forest trails, and metropolitan area trails to provide recreational opportunities, with evaluations of several possible trails, both scenic and historic. The program for long-distance natural trails was created on October 2, 1968, by the National Trails System Act, which also designated two national scenic trails,

1035-401: A route, either through a deed restriction or informal means such as posted signs, and may place restrictions on times or types of traffic allowed. Whether this permission can be revoked or expire from disuse depends considerably on the legal jurisdiction, how it was granted, and the circumstances of public use. Some of these " permissive paths " are closed once a year to prevent the creation of

1104-468: A total length of more than 91,000 mi (150,000 km). The scenic and historic trails are in every state, and Virginia and Wyoming have the most running through them, with six. In response to a call by President Lyndon B. Johnson to have a cooperative program to build public trails for "the forgotten outdoorsmen of today" in both urban and backcountry areas, the Bureau of Outdoor Recreation released

1173-450: A transportation facility) can be created in a number of different ways. In some cases, a government, transportation company, or conservation non-profit purchases the full ownership of real estate , including everything above and below the ground. Many rights-of-way are created instead by easement , which is a right to cross that does not include full ownership of the land. For example, the original owner may still retain mineral rights under

1242-412: A user to claim a right of way after 12 years of use across private land owned by another, 30 years on state land and 60 years on the foreshore . The claimant must apply to the courts, and have their claim confirmed by a court order, and then have it duly registered on the title deeds, a lengthy process. The user must prove "enjoyment without force, without secrecy and without the oral or written consent of

1311-446: Is a legal maneuver that avoids full abandonment, preserving a railroad easement for future reactivation without reverting property rights to real estate owners. Rail trails are often constructed on rights-of-way that no longer host active railroads, putting the property to productive use while preventing obstructions like buildings or crossing infrastructure from being built. These may be used for recreation or for bicycle commuting, given

1380-884: Is a series of trails in the United States designated "to promote the preservation of, public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas and historic resources of the Nation". There are four types of trails: the national scenic trails, national historic trails, national recreation trails, and connecting or side trails. The national trails provide opportunities for hiking and historic education, as well as horseback riding , biking, camping , scenic driving , water sports, and other activities. The National Trails System consists of 11 national scenic trails, 21 national historic trails, over 1,300 national recreation trails, and seven connecting and side trails, as well as one national geologic trail, with

1449-403: Is a transportation corridor along which people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so. Rights-of-way in the physical sense include controlled-access highways , railroads, canals, hiking paths, bridle paths for horses, bicycle paths, the routes taken by high-voltage lines (also known as wayleave ), utility tunnels, or simply

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1518-461: Is defined as a right of way , and in addition there is a general presumption of access to the countryside. Private rights of way or easements also exist. Footpaths , bridleways and other rights of way in most of England and Wales are shown on definitive maps . A definitive map is a record of public rights of way in England and Wales. In law it is the definitive record of where a right of way

1587-703: Is generally provided on ocean waters under the law of the sea , subject to national laws. Public access to tidal shores depends on the jurisdiction. In the United States , railroad right-of-way easements carry with them, under applicable state laws, the right to control access by the public and even by the owner of the underlying land. Most U.S. railroads employ their own police forces, who can arrest and prosecute trespassers found on their rights-of-way. Some railroad rights-of-way (both active and disused) include recreational rail trails . In Canada railroad rights of way are regulated by federal law. In October 1880

1656-546: Is located. The highway authority (normally the county council , or unitary authority in areas with a one-tier system) has a statutory duty to maintain a definitive map, though in national parks the national park authority usually maintains the map. In Scotland , a right of way is a route over which the public has been able to pass unhindered for at least 20 years . The route must link two "public places", such as villages, churches or roads. Unlike in England and Wales there

1725-539: Is more restricted than other parts of the UK, so that in many areas walkers can only enjoy the countryside because of the goodwill and tolerance of landowners. Permission has been obtained from all landowners across whose land the Waymarked Ways and Ulster Way traverse. Much of Northern Ireland's public land is accessible, e.g. Water Service and Forest Service land, as is land owned and managed by organisations such as

1794-399: Is no obligation on Scottish local authorities to signpost rights of way. However the charity Scotways , formed in 1845 to protect rights of way, records and signs the routes. The Land Reform (Scotland) Act 2003 codified in law traditional, non-motorised, access practices on land and water. Under the 2003 act a plain language explanation of rights is published by Scottish Natural Heritage:

1863-659: Is restricted, and only 2% of all rivers have public access rights. The Rivers Access Campaign is being undertaken by the British Canoe Union (BCU) to open up the inland water-ways in England and Wales on behalf of members of the public. Canals are not, in general, public rights of way in England and Wales. Waterways in the care of the Canal & River Trust are accessible for use by boats, canoeists, paddleboarders and other watercraft upon payment of an appropriate licence fee. Walkers and cyclists can freely use

1932-450: Is terminated, full rights automatically revert to the owner of the real estate over which the right of way passed. Some jurisdictions have a separate formal process for terminating disused right-of-way easements involuntarily, such as adverse abandonment for railroads in the United States. This allows property owners to regain full use after a railroad stops running but does not initiate the legal abandonment process on its own. Railbanking

2001-425: Is up to the owner to sell it to abutters, a conservation non-profit, another transportation company, or some other buyer. Full land ownership generally cannot be lost due to disuse, but abandoned right-of-way land can be taken by the government due to non-payment of property tax , by escheat if no private owner can be found (due to death without heirs or disincorporation), or by eminent domain if it wishes to return

2070-542: The Appalachian Trail and the Pacific Crest Trail , and requested that an additional fourteen trail routes be studied for possible inclusion. Sponsored by Senators Henry M. Jackson and Gaylord Nelson and Representative Roy A. Taylor , part of the bill's impetus was threats of development along the Appalachian Trail, which was at risk of losing its wilderness character, and the Land and Water Conservation Fund

2139-592: The East Coast Trail , established by a group of hiking enthusiasts, makes use of traditional trails between local communities along the coast of the Avalon Peninsula . In the Philippines , right of way disputes often arise when landowners block access to paths or roads that have been used by the public or specific individuals for a considerable period. The issue typically centers on whether

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2208-528: The Land War of the 1880s to the end of British rule in 1922. Rights of way can be asserted by adverse possession , but proving continuous use can be difficult. A case heard in 2010 concerning claims over the Lissadell House estate was based on the historical laws, since amended by the Land and Conveyancing Law Reform Act, 2009 . The 2009 act abolished the doctrine of lost modern grant, and allows

2277-544: The National Park Service (NPS), United States Forest Service (USFS), and/or Bureau of Land Management (BLM). These agencies may acquire lands to protect key rights of way , sites, resources and viewsheds , though the trails do not have fixed boundaries. They work in cooperation with each other, states, local governments, land trusts , and private landowners to coordinate and protect lands and structures along these trails, enabling them to be accessible to

2346-532: The National Trust and the Woodland Trust . Northern Ireland has much the same legal system as England, including concepts about the ownership of land and public rights of way, but it has its own court structure, system of precedents and specific legislation concerning rights-of-way and right-to-roam. In Québec City , Canada, which was originally built on the riverside bluff Cap Diamant in

2415-526: The Republic of Ireland , pedestrian rights of way to churches, known as mass paths , have existed for centuries. In other cases, the modern law is unclear; Victorian era laws on easements protect a property owner's rights, amplified by the 1937 constitution , which stipulate that a right of way has to be specifically dedicated to public use. Opposing these, those claiming general rights of way hark back to an anti- landed gentry position that lasted from

2484-653: The Santa Fe Trail , Old Spanish Trail , and Pony Express . They also memorialize the forced displacement and hardships of the Native Americans on the Trail of Tears and Nez Perce National Historic Trail . Their routes follow the nationally significant, documented historical journeys of notable individuals or groups but are not necessarily meant to be continuously traversed today; they are largely networks of partner sites along marked auto routes rather than

2553-481: The Scottish Outdoor Access Code . Certain categories of land are excluded from this presumption of open access, such as railway land, airfields and private gardens. Section 4 of the access code explains how land managers are permitted to request the public to avoid certain areas for a limited period in order to undertake management tasks, however longer term restrictions must be approved by

2622-416: The centerline presumption (formerly strip and gore doctrine ). This doctrine may also be used to assert mineral rights under neighboring government-maintained roads in some jurisdictions, a question which has become more relevant since the invention of horizontal drilling . In other jurisdictions or circumstances, the right-of-way is simply a normal parcel which happens to have an unusual shape, and it

2691-533: The local authority . The ability to temporarily restrict public access is commonly exercised without notice by shooting, forestry or wind farm operators, but does not extend to public rights of way. In Scotland the public have a higher degree of freedom on rights of way than on open land. Blocking a right of way in Scotland is a criminal obstruction under the Highways Act, just as in England and Wales, but

2760-594: The secretary of agriculture (if on USFS land) designates national recreation trails that are of local and regional significance. Managers of eligible trails can apply for designation with the support of all landowners and their state's trail coordinator (if on non-federal land). Designated trails become part of the National Trails System and receive promotional benefits, use of the NRT logo, technical and networking assistance, and preference for funding through

2829-621: The secretary of the interior or the secretary of agriculture . The national trails are supported by volunteers at private non-profit organizations that work with the federal agencies under the Partnership for the National Trails System and other trail type-specific advocacy groups. For fiscal year 2021, the 24 trails administered by the NPS received a budget of $ 15.4 million. The eleven national scenic trails were established to provide outdoor recreation opportunities and to conserve portions of

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2898-697: The 17th century, there are strategically placed public stairways that link the bluff to the lower parts of the city. The Upper City is the site of Old Québec's most significant historical sites, including 17th- and 18th-century chapels, the Citadel and the city ramparts. The Breakneck Stairs or Breakneck Steps (French: Escalier casse-cou ), Quebec City's oldest stairway, were built in 1635. Originally called escalier Champlain "Champlain Stairs", escalier du Quêteux "Beggars' Stairs", or escalier de la Basse-Ville "Lower Town Stairs", they were given their current name in

2967-481: The 18th and 19th centuries) have been given the power of eminent domain for the limited purpose of providing a certain type of transportation between specified locations. In the Western United States, the transcontinental railroad was funded by government land grants that gave railroads both the physical right-of-way and surrounding land that could be sold after becoming valuable parcels connected to

3036-600: The Department of Transportation's Recreational Trails Program . American Trails sponsors an annual NRT photo contest and a biennial symposium and maintains the NRT database. The first national geologic trail was established by the Omnibus Public Land Management Act of 2009 , though it did not amend the National Trails System Act to create an official category. Right of way (transit) A right of way (also right-of-way )

3105-637: The NPS National Trails Office in Santa Fe and Salt Lake City. National historic trails were authorized under the National Parks and Recreation Act of 1978 ( Pub. L.   95–625 ), amending the National Trails System Act of 1968. They have a total length of approximately 40,000 mi (64,370 km); many trails include several branches making them much longer than a single end-to-end distance. The act also established

3174-405: The NPS, managed like its other areas, as long, linear parks. Five trails are overseen by the U.S. Forest Service. In 2022 Arlette Laan, whose trail name was "Apple Pie", became the first woman known to have completely hiked all eleven national scenic trails. The 21 national historic trails are designated to protect the courses of significant overland or water routes that reflect the history of

3243-612: The South Fork Stillaguamish River destroying a major footbridge to the Big Four Ice Caves. Estimated repair costs to replace the damaged span were approximately $ 425,000, and repairs were completed in June 2009. While the trail is open to the public, the snowfield itself was closed temporarily due to cave-ins and slides which have killed four hikers in incidents in 1998, 2010, and in 2015. Because of

3312-758: The […] owner", a restatement of the centuries-old principle of Nec vi, nec clam, nec precario . A court order granting a right of way is personal to the applicant for their lifetime, and cannot be inherited or assigned. In England and Wales , other than in the 12 Inner London boroughs and the City of London , public rights of way are paths on which the public have a legally protected right to pass and re-pass. The law in England and Wales differs from that in Scotland in that rights of way only exist where they are so designated (or are able to be designated if not already) whereas in Scotland any route that meets certain conditions

3381-569: The building of Canada's first transcontinental rail line, the Canadian Pacific Railway , started. It was built by a consortium contracted by the government, and financed by CA$ 25 million in credit and required 25 million acres (100,000 km ) of land. In addition, the government defrayed surveying costs and exempted the railway from property taxes for 20 years. In the United Kingdom , railway companies received

3450-413: The danger, hikers are advised to stay out of the caves and are monitored by forest rangers. The footbridge's supports were damaged by erosion, resulting in its closure in 2019 for long-term repairs. It reopened in November 2022. 48°03′14″N 121°31′11″W  /  48.0539°N 121.5196°W  / 48.0539; -121.5196 National Recreation Trail The National Trails System

3519-589: The exact non-motorized trails as originally used. Interpretative sites are often at other areas of the National Park System along the trails, as well as locally operated museums and sites. The National Historic Trails Interpretive Center in Wyoming is on the Oregon, California, Mormon Pioneer, and Pony Express National Historic Trails and has exhibits on Western emigration. Nine are administered by

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3588-419: The extensive network of towpaths that run alongside the canals in England and Wales. See Towpath#Britain for information on the legal status of towpaths. In Canada rivers are crown land and there is a legal "right to navigate over navigable waters. However, the difficult legal question is what constitutes navigable waters. There is no federal or provincial law defining this, nor is there any list of waters

3657-667: The lack of publicly accessible rights of way maps in Scotland makes it very difficult to enforce. The unofficial National Catalogue of Rights of Way (CROW), compiled by the Scottish Rights of Way and Access Society (Scotways), in partnership with Scottish Natural Heritage, and the help of local authorities. There are three categories of rights of way in CROW: Northern Ireland has very few public rights of way and access to land in Northern Ireland

3726-481: The long-distance transportation network. In new developments, the government may create the road network in cooperation with the land-owning developer or parcel owners—easement boundaries are defined in writing, and public roads formally "dedicated" as government-maintained. In some jurisdictions, utility companies may by law have a general easement to access certain areas when necessary to construct and maintain their networks. In many cases they must request permission from

3795-842: The mid-19th century, because of their steepness. The stairs have been restored several times, including an 1889 renovation by Charles Baillargé . Rights of way have been created in the US, both by historic use ( prescription ) and by grants made by the national and state governments, local authorities and private landowners. Trails that had been established by indigenous peoples were used by Europeans settling North America. Some became highways, while others have been incorporated recently into hiking trails. Examples include: Natchez Trace ; Santa Fe Trail ; Bozeman Trail . In Seattle , there are over 500 public stairways. Some rights of way in North America are hundreds of years old. In Newfoundland

3864-637: The nation. They represent the earliest European travels in the country in Chesapeake Bay and on Spanish royal roads; the nation's struggle for independence on the Overmountain Victory National Historic Trail and Washington–Rochambeau Revolutionary Route ; westward migrations on the Oregon , California , and Mormon Trails , which traverse some of the same route; and the development of continental commerce on

3933-418: The natural landscape with significant scenic, natural, cultural, or historic importance. These trails are continuous non-motorized long-distance trails that can be backpacked from end-to-end or hiked for short segments, except for Natchez Trace NST, which consists of five shorter, disconnected trail segments. The Trails for America report said, "Each National Scenic Trail should stand out in its own right as

4002-438: The neighboring property, and if the property is sold it would convey to the new owners. Courts may declare this type of easement exists as a matter of equity to resolve a dispute, if the easement was apparently left out of property deeds despite obvious necessity, if there was an apparent intent to create an easement but this was never formalized, or in some jurisdictions if an undocumented right of way has been in continuous use for

4071-722: The owner to expand or perform construction activities on a government or private right-of-way. When a road, railroad, or canal is no longer needed, the effect on property rights depends on the jurisdiction and how the right of way was created. Many jurisdictions have a formal process of voluntary discontinuation or abandonment, often involving public comment. This allows the government to clarify which facilities it will and will not spend money to maintain, which can affect property owners and values. It also clearly distinguishes between transportation facilities which are temporarily not being used versus those which are permanently out of use, and provides for orderly transfer of rights. When an easement

4140-432: The paved or unpaved local roads used by different types of traffic. The term highway is often used in legal contexts in the sense of "main way" to mean any public-use road or any public-use road or path. Some are restricted as to mode of use (for example, pedestrians only, pedestrians, horse and cycle riders , vehicles capable of a minimum speed). Rights-of-way in the legal sense (the right to pass through or to operate

4209-439: The property to some productive use. Property outside of linear corridors, especially if improved with buildings (such as railroad stations and large highway interchanges) is more likely to be fully owned and sold off as real estate. Legal discontinuation or abandonment may trigger public auction or negotiated sale of government-owned land. Some right-of-way easements are created because the only way to access certain parcels from

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4278-488: The public can use". Under federal law, all natural inland waterways of the United States are classifiable as "navigable" or "non-navigable". Navigable rivers, lakes, ponds, and streams are treated as "public highways", open to surface passage by anyone. The doctrine of navigable servitude gives the federal government primary regulatory power over navigable waters, but users are also subject to state police power . Ownership of non-tidal non-navigable waters goes along with

4347-424: The public. These partnerships between the agency administrators and local site managers are vital for resource protection and the visitor experience. The Federal Interagency Council on the National Trails System promotes collaboration and standardization in trail development and protection. National recreation trails and connecting and side trails do not require congressional action, but are recognized by actions of

4416-651: The right to "resume" land for a right of way, by means of private Acts of Parliament . Resumption means compulsory acquisition of land. The various designations of railroad right of way are as follows: Construction of houses/buildings beside railway right-of-way presents a significant safety risk. For example, the Hanoi Department of Tourism in Vietnam ordered the permanent closure of cafes and shops along Hanoi Train Street for safety reasons despite its being

4485-499: The right-of-way easement, but not the right to exclude people from passing through certain parts of what would otherwise be private land. A government may build a right of way on land it already owns, for example a public park or "unowned" land leftover from the creation of the country), or seize land or an easement by eminent domain (compulsory purchase). Private companies can purchase land or easements, and in some cases (such as private toll roads (turnpikes), canals, and railroads in

4554-967: The southern wetlands and Gulf Coast on the Florida Trail , the North Woods on the North Country Trail , the variety of southwestern mountains and ecosystems on the Arizona Trail , and the remote high-mountain landscape near the Canadian border on the Pacific Northwest Trail . They have a total length of approximately 17,800 mi (28,650 km). Due to the extent of construction of route realignments, segment alternatives, and measurement methods , some sources vary in their distances reported and values may be rounded. Six trails are official units of

4623-404: The submerged land, and issues of public access and trespass are treated similarly to private property on land. This may be determined by explicit deed, or implicitly as an extension of ownership of adjacent land, depending on the local ownership history and state law. The right to roam in northern European countries, including Scotland, usually includes rivers and lakes. Freedom of navigation

4692-401: The typical gentle slopes and connectivity of railroad rights-of-way. Some courts will extend the real property boundaries of abutters to the middle of the abandoned right-of-way, even if the right-of-way is outside the boundaries defined in the property deed. Treating the property as if it were an undocumented easement in this way avoids long, narrow strips of unproductive land. This is known as

4761-415: Was used to acquire lands. In 1978, as a result of the study of trails that were most significant for their historic associations, national historic trails were created as a new category with four trails designated that year. Since 1968, over forty trail routes have been studied for inclusion in the system. The scenic and historic trails are congressionally established long-distance trails , administered by

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