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Red Tape at Kite Lake

Posted: Fri Nov 06, 2020 8:51 pm
by Wentzl
For years I have parked below the gate before Kite Lake and no one seemed to mind. Especially after the gate is locked. But today I found this on my car.
IMG_1287[1].JPG
Kite Lake parking warning
IMG_1287[1].JPG (70.33 KiB) Viewed 2069 times
There were about 15 cars up there today. Not sure who placed these notices, or what the issues are with access along the road. But just putting this out there to see if anyone has some insight about legality of parking along what I assumed was a public right of way and what right property owners on either side have to tow a vehicle parked there.

Re: Red Tape at Kite Lake

Posted: Fri Nov 06, 2020 9:42 pm
by Trotter
Wentzl wrote:
Fri Nov 06, 2020 8:51 pm
For years I have parked below the gate before Kite Lake and no one seemed to mind. Especially after the gate is locked. But today I found this on my car.

IMG_1287[1].JPG

There were about 15 cars up there today. Not sure who placed these notices, or what the issues are with access along the road. But just putting this out there to see if anyone has some insight about legality of parking along what I assumed was a public right of way and what right property owners on either side have to tow a vehicle parked there.

I'm certain its the mine owner. By "parking along a public right of way" I assume you mean you parked with part of your vehicle no longer on the road? If you are off the road, you are on private property. Technically even if its just a few feet.

One time when I was up there, the mine owner had set cones out blocking the road past his mine. Now thats illegal, to block a public road, so those cones ended up in the ditch.

Re: Red Tape at Kite Lake

Posted: Fri Nov 06, 2020 11:32 pm
by Scott P
Trotter wrote:
Fri Nov 06, 2020 9:42 pm
If you are off the road, you are on private property. Technically even if its just a few feet.
This isn't true in most cases. On highways and county roads usually the right of way extends several feet from the edge of the road. Only rarely does it not.

The only exceptions for county roads maintained with public funds are parcels where there was a temporary easement granted rather than right of way for construction and/or maintaining a county road.

I don't know if this is the case here, but if so the easement would have to pre-date the construction or reconstruction of the county road. If so, most such parcels are posted as no parking along road or trespass permit required.

Re: Red Tape at Kite Lake

Posted: Sat Nov 07, 2020 7:04 am
by Wentzl
I sent an email to the Park County Sheriff asking about the legal status of parking below the Kite Lake gate. I will post whatever response I get.

Re: Red Tape at Kite Lake

Posted: Sat Nov 07, 2020 7:15 am
by CaptCO
Wentzl wrote:
Sat Nov 07, 2020 7:04 am
I sent an email to the Park County Sheriff asking about the legal status of parking below the Kite Lake gate. I will post whatever response I get.
Thanks Chris, what did you end up hiking?

Re: Red Tape at Kite Lake

Posted: Sat Nov 07, 2020 8:29 am
by Gandalf69
Park county is try to get as much money as they can before another shutdown. If anyone does get a ticket or anything challenge it in court. I'm pretty sure they would have to close the whole road to do what they doing. Maybe the people who own the property are just trying to scare people away. If you want to have property by any 14er, there us a good chance you will see hikers lol. Plenty of state to spread out in now people.

Re: Red Tape at Kite Lake

Posted: Sat Nov 07, 2020 9:48 am
by Conor
I bet it would be very difficult to get a tow truck to tow anyone out of there. Remoteness issues aside, if the tow truck wrongfully tows a vehicle they would be on the hook for a lot of damages. There is so much hair on it, i doubt a tow truck driver would touch a vehicle up there that either: a) isn't blocking the road or b) at the request of the vehicle's owner.

Re: Red Tape at Kite Lake

Posted: Sat Nov 07, 2020 10:16 am
by Ptglhs
Speaking as someone who lives off the road to kite Lake and was parked up there several times to do a hiking, snowshoeing, and tagged the fourteeners and thirteeners around there, I will say the owners of the mine take a dim view of people blocking their access to the hairpin turn. Were you parked at The hairpin turn where the plowing stops when the mine is operational? Or were you further up the road to kite Lake at the locked gate?

You can park along side of the road closer to Alma, but still relatively close to the mine building, and that's totally legal.

Re: Red Tape at Kite Lake

Posted: Sat Nov 07, 2020 10:21 am
by Wentzl
All the cars had this notice on them. None seemed to be blocking anything. A couple were parked within 50' of the gate.

Re: Red Tape at Kite Lake

Posted: Sat Nov 07, 2020 7:58 pm
by EZsummits
Crazy, I was parked on the road right near the gate yesterday and I didn't see any notices on cars. I think they are just trying to spook people.

Re: Red Tape at Kite Lake

Posted: Sun Nov 08, 2020 9:31 pm
by Old Hickory
What is interesting about that "notice" is that it doesn't have any information about who is doing the noticing. It would be easy for the upset landowner to provide a contact number at the very least. For example, a number / email for the mine owner's law firm, if that's really what this is all about. But an anonymous letter on a windshield ... sheesh.

Re: Red Tape at Kite Lake

Posted: Sun Nov 08, 2020 9:59 pm
by SkiFree
I dont think that mine has any association with a law firm

My impression is that they are a bunch of curmudgeonly miners that don't get along with people and just want the valley to themselves like it was in "the good days"

I am honestly surprised that they got their hands on a printer