“The widespread distribution of private property ownership is the cornerstone of American liberty. Without it neither our free enterprise system nor our republican form of government could long endure.” - Jeffrey H. Reiman
Private property rights are those rights guaranteed under the U.S. Constitution and secured by laws enforced by the state. The story of the success and prosperity of the United States is the story of free citizens working hard and accumulating property. History shows, however, that those rights can be eroded and constant vigilance is needed.
The Alabama Forestry Foundation is committed to protecting those property rights by monitoring government actions and court activity and taking action when needed. We are equally committed to working with private property owners to exercise wise stewardship and to act responsibly in the exercise of those property rights.
RECENT ACTIVITY
Weight Limits on County Roads
A logger was thinning a large tract of timber in Blount County and applied for permission to use county roads to haul the timber. Although the logger met all of the requirements, the permit was only issued after the landowner’s attorney got involved and threatened litigation. Once the permit was received, the logger moved his equipment during the weekend. On Monday, the logger arrived at the tract to find that all of the roads leading to the property had been posted with a 20-ton limit, precluding hauling the timber. With the assistance of AFF, the Alabama Forestry Association, landowner and logger filed suit in federal court arguing that posting the roads constituted a regulatory taking requiring compensation and in state court arguing that the action taken an arbitrary and capricious use of their authority.
Issue:
The Blount County Commission eventually removed all weight postings on the roads subject to the lawsuit as well as across the county. Both lawsuits were withdrawn.
Result:
Rails to Trails
A short line railroad conveyed a right-of-way for an abandoned section of railway to the Monroe County Commission for use as a recreational trail. A private landowner objected, arguing that the trail would open up that portion of his property to public access. With AFF’s assistance, the landowner filed suit.
Issue:
At trial, landowner’s counsel argued that the original right-of-way conveyed was for “operating a railroad” and, that once abandoned, the right-of-way was void. The trial judge agreed. The Commission appealed but the Alabama Supreme Court upheld the decision.
Result: