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'No Trespassing': The Decline of a Maine Tradition

April 09, 2008 - (This article is based on research for the Governor's Council on Maine's Quality of Place, which has found the Maine tradition of public access to private lands essential to Maine's quality of life and a sustainable Maine economy.)

Outdoor recreationists and the rural economy would be hit hard if the posting of private land accelerates.

Consider the case of Oscar, a private landowner in central Maine. On Oscar's 119 rolling acres, you'll find well-tended timberstands, green fields of clover, a clear blue pond, plentiful deer and wild turkeys and, as of last Friday, an old, rusty and abandoned truck.

The truck was dumped on Oscar's property by someone unwilling to dispose of it properly. It mars an otherwise beautiful piece of land, and Oscar will remove it at his own expense.

This is just the latest in a series of abuses that Oscar has had to deal with over the years: discarded computer parts, bags of trash, deer stands nailed to trees and damage to his fields and road from all-terrain vehicles and 4X4s.

But one thing you don't find on Oscar's land is a "No Trespassing" sign. That's because, like a majority of landowners in Maine, Oscar has an "open access" policy. He allows recreationists of all kinds – hunters, fishermen or folks just wanting to admire the wild turkeys – to use his land without getting permission or paying a fee.

Lucky for us.

THREAT TO 'OPEN LAND' TRADITION

As you may have guessed, Oscar is a fictitious but authentic character, and he represents the reported experiences of scores of property owners who continue the Maine tradition of unhindered public access to private land.

With fully 94 percent of Maine in private hands, landowners like Oscar are critically important to our recreational and tourism economies. Spending by wildlife viewers, landscape artists, snowmobilers, hunters, anglers, ATV riders, white-water rafters and other recreationists supports many regional economies in our rural places.

Just as important, the well-being and quality of life Maine residents have come to expect depend on private landowners like Oscar.

Consider the following:

More than 90 percent of snowmobilers in Maine ride on private land, relying on 13,000 miles of trails, almost all of which are privately owned.
Ninety percent of hunters in Maine hunt on private land, and 98 percent of all hunting days are spent on private land.
Half of Maine residents taking wildlife-watching trips do so on private land.
Forty-four percent of ATV riders ride on private land over more than 5,500 miles of ATV trails, many of which are privately owned.

But as the number of private landowners posting land rises, these activities, and the important part they play in Maine's economy, are today at risk.

Tom Doak, executive director of the Small Woodland Owners of Maine, notes a jump in the numbers of SWOAM members posting their land, from just 15 percent in 1991 to 39 percent in 2006.

Brett Butler, of the U.S. Forest Service, and coordinator of the National Woodland Owners Survey, also reports a significant increase in the number of family forest owners in Maine posting their land in just the past five years.

Confirming these statistics are countless stories from sportsmen and recreationists. The "open land" tradition, unique to Maine and respected for generations, is increasingly threatened by "No Trespassing" signs.

Why do landowners post their property?

A large body of research finds that the most important predictor of whether a landowner will post their property is unhappy experience with users. Many landowners who post are reacting to a negative experience with a user – some to just a single event.

A MATTER OF RESPECT

Past abuses – such as the dumping of garbage, illegal hunting or fishing, hunting too close to homes, damage to property and vandalism – are major reasons for posting.

Landowner concerns about liability – that is, a landowner's fear that they will be financially responsible if a user is hurt on their property – is another reason for posting.

This is largely a problem of perception but is nonetheless real. Maine law provides strong liability protection to landowners. Where the law has been applied, not a single successful case has been made against a landowner. Yet only 20 percent of landowners in a recent survey think the law provides adequate protection.

Increasingly, some landowners post in order to establish exclusive use of their land. Private hunting leases, where hunters pay for exclusive rights to hunt on private property, are the norm in many states, like Texas and Oklahoma. Some Maine landowners have recently been approached by hunters offering to enforce a "no trespassing" policy on their property, in return for exclusive hunting rights.

Contrary to popular belief, research shows that landowners "from away" are no more likely to post their land than Maine residents. In fact, a recent study by Jessica Leahy and Gretchen Heldmann at the University of Maine estimated that Maine residents were twice as likely as nonresidents to restrict access to hunters.

Finally, one of the most important things affecting a landowner's decision to allow access appears to be respect. Seventy-eight percent of a sample of Maine landowners agreed or strongly agreed that "feeling respected by recreationists is an important factor for me to allow access."

NEEDED: EDUCATION, RECOGNITION

What can we do about it?

Private landowners like Oscar deserve to be recognized for the important public benefits they provide by allowing others to use their land.

For many landowners, feeling respected – by users and the state – is critical for allowing public access to their land. Respect can be conveyed in a number of ways: by users who ask permission of landowners and thank them for the use of their property, and by the state, in educating the public on appropriate and respectful use of private land.

One way Maine is already recognizing landowners is by allocating 20 percent of available deer permits to landowners who allow public access to their property. But many landowners are not hunters. To recognize those who don't hunt, the program could be expanded to provide a range of options for landowners.

Maine could take steps to strengthen landowner relations programs. Oscar's experience is far from unique: There are countless stories of landowners forced to pay for the disposal of garbage dumped by others. A strong landowner relations program, with the resources to remedy situations like these, would save thousands of acres from being posted.

Finally, the Maine Warden Service might continue to use its enforcement powers to address threats to public access. Preventing and prosecuting abuse is critical to ensuring future public access for all sportsmen.

In the end, preserving Maine's unique tradition of open land will require individual recreationists, user groups and local and state governments to all play a responsible role.

This will not be easy. But public access to private land is vitally important to Maine's economy and our way of life. We take it for granted at our peril.

Last Saturday, Oscar stopped by the local hardware store, near home. He paused in Aisle 4, across from the rakes and shovels, next to the bird seed, where orange and black "No Trespassing" signs hung in a row. He picked one up.

Oscar thought of all the trash left on his land over the years. He thought of all the damage to his road from ATVs and 4X4s. He remembered the single time that someone stopped and thanked him for the use of his land. He thought about the abandoned truck.

Then he put the sign down and kept walking.

Lucky for us.

by MICHAEL LeVERT and JOHN MARSH
ABOUT THE AUTHORS
Michael LeVert is an economist at the Maine State Planning Office. John Marsh is former chief warden for the Maine Warden Service and a former member of the Maine House of Representatives from West Gardiner.

This article first appeared in the Maine Sunday Telegram, April 6, 2008.


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