“Wording error” saved John Wayne Pioneer Trail from private takeover

Attached below is the response from Rep. Joe Schmick’s office to constituents contacting him about the John Wayne Pioneer Trail issue.

Interesting to note that he chose to take budget addendum route instead of submitting a bill with public hearings because he didn’t think turning over 130 miles of public land to adjacent private landowners warranted the attention of 147 legislators. …..

— “First, with regard to addressing this issue through the Capital Budget, it’s important to note there are several different ways to deal with issues in the Legislature. Sometimes, ideas are implemented into law when a piece of legislation – a bill – moves through the entire legislative process and is signed into law by the governor. Other times, issues are addressed in the budgetary process with line items and budget addendums.
Because so much of this year’s legislative focus was on education funding and the state Supreme Court’s McCleary decision, I didn’t think this issue would warrant the attention of 147 legislators and chose to find a solution through the budgetary process. However, since the language was not properly written by the Code Reviser’s Office, the legislative process will now move ahead with a robust discussion with the public and all stakeholders.
While I agree that the trails are a top priority for recreational activity, since the state has been responsible for this trail beginning in 1980, no maintenance or improvements have occurred from the Columbia River to the town of Malden in Whitman County. It has clearly NOT been a priority to either the Department of Natural Resources (DNR) or Washington State Parks and Recreation Commission (State Parks) to do any maintenance on the trail – let alone improvements.
This issue came to fruition as a response to my constituents in the 9th Legislative District. The purpose to close a portion of the John Wayne Trail is in response to several factors. There have been persistent complaints from property owners for years that have the trail go through their property. Those include trespassing off the trail and onto private property, theft, scavenging on private property, and leaving junk along the trail including large appliances. When the property owners are asked how many people they see on the trail annually estimates range from less than 10 to perhaps 40. I have now personally been on portions of the trail under discussion and have now added liability issues to the list of concerns. There are liability issues from falling rocks, people climbing on structures along the trail, and people traveling through areas that are closed for public safety reasons. This includes hazardous trestles that are extremely dangerous yet extremely attractive for adventure seekers. The state of Washington and most likely the adjacent land owners would be held accountable and liable should an accidental fall occur.
State Parks is responsible for maintenance, weed control and keeping the trail clear for 50 feet on both sides from the center of the tracks which means a minimum of a 100 foot strip along the entire trail. It is sad to say that a few people have caused a lot of problems for private property owners on both sides of the trail. But because of all the problems, this was a proposal I put forward and now we will have a robust discussion about it. Under the proposal, the state will maintain a permanent easement for future rail use or utilities in perpetuity.
I would like to challenge the people who make use of this trail to be part of a solution for its future. The concerns that the adjacent landowners have are real and have to be dealt with. The fact remains that the problems listed earlier exist and the adjacent landowners are frankly at wits-end. We need to have a working relationship with the landowners and the users of the trails. I feel the liability of the state on these trails cannot be under emphasized and a solution needs to be found quickly. When I suggest that you think “out of the box,” I firmly believe if you want this trail to remain open, these issues have to be addressed.”