What payments were the Wallaces supposed to be making? Did the easement agreement state any penalties for lack of access (payments)? My loan documents state the penalties.

We would have foreclosed on somebody not making payments, but then again we take a much more proactive approach in managing our loans, our collateral, and what will potentially become our property, especially in this case, when compared to WDFW. We have worked through modifications as well, accepting skip payments and resumption of payments in lieu of foreclosing. We settle at times, and I'm guessing WDFW will as well.

The one thing that neither you nor Larry B are addressing is the fact that WDFW essentially ignored the issue for these 20+ years. It is similar to a neighbor encroaching onto your land, and you never saying a thing about it. Adverse possession. The Wallaces excavated the easement, and if that isnt an example of adverse possession tell me what it is.

Why did the WDFW take so long to finally do something about it? Bob Reid has been working on this for many years, to his credit. The WDFW has been ignoring this issue for many more. The state has the ability to wield a pretty damn big hammer at any time, but they haven't in this case until now. Want to tell me why?

The State bears some fault in this for not asserting its claim to the easement earlier and only now is it taking action. There is no need for the WDFW and AG's office to take 10+ years to collect all of this data. That is inexcusable. This effective "abandonment" of the easement through inaction on the part of the WDFW may likely be figured into some sort of settlement, or punitive damages.

The Wallaces will probably have to pay court costs, etc., but I doubt there will be a penalty ranging in the hundreds of thousands of dollars. Absent a fine, they are still paying their own attorneys for their actions, which is essentially a stupidity tax. They certainly deserve this tax.

Just get the easement open so folks can fish there again. Move on. We can all argue the case here on the internet, but we aren't in court. You and I will have to wait and see who is right. I'll buy you a beer if their penalty is over $200,000, not including court costs. Deal?