[cdt-l] More Frank Sinatra in the Bootheel

Thu Jan 18 10:14:56 CST 2007

Dick,

I did not intend to create a firestorm around this issue. I forwarded
comments form a supporter without his permission and recognize that was
not prudent. As you know the Trail is very much a work in progress and
while we are working to create an official route so these types of
issues do not arise in the future we just aren't there yet. While this
is unfortunate for those hiking it now (or who have hiked it), all I am
asking for is some consideration of the delicacy of negotiations in this
area that traditionally has little interest in supporting so called
federal government initiatives.

We have also spoken with folks at the Gray ranch and feel they have
legitimate concerns about the terms of their agreement with the Nature
Conservancy and the intended purpose of the Gray Ranch.

Again, it is not our desire or intent to alienate those stalwart long
distance hikers and in fact we are doing everything we can to help, but
in the end its all about the long term vision for a border to border
primitive and challenging trail for future generations to enjoy and
appreciate. I know that is what you want too.

Hope we can get together over a beer or two or cup of coffee and discuss
some day.

Bruce Ward

Executive Director

Continental Divide Trail Alliance

PO Box 628 

Pine, CO 80470

Tel.  303  838 3760

Cell: 303 917 1476

Fax: 303 838 3960

Shipping Address:

CDTA

13700 Highway 285

Pine CO 80470

________________________________

From: cdt-l-bounces at backcountry.net
[mailto:cdt-l-bounces at backcountry.net] On Behalf Of RICHARD MALLERY
Sent: Thursday, January 18, 2007 8:05 AM
To: cdt-l at backcountry.net
Subject: [cdt-l] More Frank Sinatra in the Bootheel

I'm still in a debating mood. I guess the key word here is trespass. I
am still not sure that I was trespassing. I will outline exactly what I
did before starting the hike and you tell me what I did wrong besides
finally throwing up my hands and doing my hike. It started out in my
optimistic little mind as an informational quest for what I figured
would be simple answers to simple questions. As it turned out the first
60 miles of my hike planning became a labyrinth of bureaucracy, both
public and private. In the course of a year I tried to communicate with
the following: Bruce Ward of CDTA, CDTS, BLM, Forest Service, Border
Patrol, the State of New Mexico, 

Hildalgo County, Animas Foundation, The Nature Conservancy, The Malpai
Borderlands Group, Drummond Hadley and Bob Julyan. I did hear from
everyone but Bruce, Borderlands, Drummond and the Conservancy.
Unfortunately I didn't receive any pieces to the puzzle from any of
them. I then began calling. I talked to a field agent Padilla with the
managing BLM office. I only remember that name because in 1968 my drill
instructors name was Padilla. You never forget your drill instructor.
Agent Padilla, not unlike my calls to the state, forest service and
border patrol could tell me nothing. I found the title to the land very
cloudy. Somewhere in the mix of Gray Ranch, Animas Foundation, Nature
Conservancy and The Malpai Borderlands Group was owner, heir to
Anhieser-Busch, cowboy poet Drummond Hadley. I like cowboy poetry so I
wrote Mr. Hadley. I figured why not go right to the CEO if you have a
problem, then work down the ranks from there. Never heard from Drummond.
My calls to the Foundation were met with no information and ended in
rude "Clicks." It was actually so bizarre that I thought maybe I was on
to something. Maybe the bootheel is really Area 51 and Area 51 is a
decoy. I spent more time planning the bootheel than I did the other
3,000 miles of the trek. Not because I wanted to, but because it became
a challenge not unlike the trail itself. When I finally arrived to begin
the hike I camped in the chiricahua mountains on the Arizona side in one
of my favorite campgrounds and went looking for the Elegant trogan. In
my spare time I visited the local land authorities, Forest Service, BLM
and Border Patrol. I came up with names of many other bureaucrats to
call. No one could talk about it. I finally did get one FS employee to
tell me where the Animas Foundation/Gray Ranch operation was. I drove 20
miles down the Animas road, found it and talked to Dr. Brown
face-to-face. He was rude in the fact that he felt I needed to hear
nothing more than "NO" and then went back to his office. 

These are just the highlights I remember. I was actually intrigued by
the whole thing and I can remember my wife saying, "How much time are
you going to spend studying 60 miles of this trail?" If it is actually
private land it seems it would be fairly easy for the Foundation to lay
it out for anyone asking in the form of a map showing their private
landholdings. They prefer the brick wall approach because they know they
do not 

really control the bootheel. The bottom line for me after all this
informational digging was that I could legally cross the bootheel. If I
was trespassing it was only because the rightful owner could not or
would not show me what he owned or did not own, what he leased or did
not lease, what government roads did or did not cross his holdings. I
can also say with some certainty that they all knew I was out there and
did not stop me--in my opinion because they had no legal right to stop
me. The Border Patrol flew low over me three times before I ever reached
I-10. I'm not that hard to get along with. I didn't cross the Jicarrea
Res. I know they have clear title. I didn't here from them either and
went around. 

As Mr. Ward says, "Bottom line for us is we work with our land managers
partners and local individuals and organizations to build support for
the Trail. If we can win the hearts and minds of those who live and work
near the Trail we will have a shot at completing this national treasure.
If we alienate them there will be no Trail." 

I am in full agreement and spent much sweat equity in trying to do just
that. In my case, he and all those land managers were the problem and
not the solution. I am not sure that is still not the case. Slander me
if you like for asking the hard questions, but I am not yet ready to
give up MY PROPERTY RIGHTS. The legal ramifications of this thing you
call trespass in the bootheel is no different than Mr. Herberg's
backyard. It is land title. If you cannot show or demonstrate clear
title you cannot control your dirt. So what is it? The Animas Foundation
can't show legal right to the property, they are too lazy to show legal
right to the property, they are above the law, they have several land
management agencies on the payroll, their bluffing to keep as many
people from crossing as possible. I'm still curious. If you show me a
detailed map of ownership (what is owned, leased, government
right-of-way, public access road, national forest, state--whatever) and
I can't find a legal way across I will gladly choose another route.
Don't ask me to roll over and play dead while Bruce Ward schmooses all
the land managers. I am not apposed to routing away from the Divide
proper for legal, social or geographical reasons, but I ain't going
through Arkansas. 

I am very interested in information about this piece of real estate. If
you have any please share it. The question of crossing the bootheel is
going to come up every season as more and more LDH's discover this
incredible trail and decide to spend part of a year exploring it. It
might be in the CDTA's interest to spend some time and money doing a
thorough title search and putting the question of what is legal to cross
and what is not to rest. Otherwise you risk dealing with people like me
who think they are shareholders in land owned by the United States
Government, elbowing their way through, stirring up cowpie dust and
tearing down the false facade that scares most hikers from walking on
their own land. 

Sorry Ben, I know you want your troll word back, but it belongs to me
now. -Keep Smilin', Dick E. Bird the Troll.

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