Originally Posted By: Dogfish

The one thing that neither you nor Larry B are addressing is the fact that WDFW essentially ignored the issue for these 20+ years.

I'll buy you a beer if their penalty is over $200,000, not including court costs. Deal?


You are correct in that I did not address the amount of time WDFW has apparently failed to take action. Why? Because I do not know what lesser actions WDFW may have taken over that period of time leading up to the legal action by the AG.

And not being a lawyer I can only opine that each time a member of the public attempted to utilize that easement (it is a public easement, right??) the public reaffirmed its belief that it held that easement and intended to use it - versus having abandoned it. Clearly the owner was on notice based upon its actions.

I also believe that in order to invoke a claim based upon the concept of adverse possession one also needs to take that claim to court which, to the best of the information provided herein, has not occurred.

By the way, I would opt for Dead Guy Ale since you (hopefully) will be buying.
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