Land Board Muddies Hauser Waters State Panel Turns Down Agreement Between Private, Public Use At Disputed Fishing Hole

As fishermen tossed their baitladen lines into Hauser Lake Tuesday morning, the talk turned not to the size of the fish biting but to the uncertain future of a favored fishing spot.

At the same time, a group of politicians were discussing the same issue in a nearby Coeur d’Alene conference room.

The decision made by the five members of the Idaho State Land Board delighted those who frequent the fishing hole known as “The Point” and disappointed the man who believes he owns the land.

Led by Gov. Phil Batt, the land commissioners turned down an agreement that would have handed over part of the popular fishing spot to homeowner Garth Everett and left part for public use.

Their action puts the fishing spot’s future back in limbo.

“I personally have a lot of reservations about the agreement,” State Controller J.D. Williams said, explaining he believes the agreement would have turned over too much of The Point to the homeowner.

But, “The American dream is to buy your own private land,” Everett said after the hearing. “They just want to take people’s private land.”

“The Point” is a small peninsula that juts out into the north side of Hauser Lake.

Hauser Lake Road rolls along the outside edge of The Point, leaving lakeshore on one side of the road and open land on the other side.

Everett bought more than 30 acres on The Point in 1991 and says he was led to believe he owned the land on both sides of the road.

He says he went down to the lakeshore only to discover “wall to wall” cars and trucks parked there by fishermen. Litter was scattered all over his property and a 30-foot motor home spent weeks parked on a beach he believed was his.

Everett upset fishermen when he started building a fence between Hauser Lake Road and the water.

Longtime fishermen and Hauser residents say the lakeshore property along The Point has been open to the public for decades. They filed petitions and appealed to the state Department of Lands.

The department said fill had been added to the land on the lake side of the road when Hauser Lake Road was widened in the 1970s. The land was then within the high-water mark and belonged to the state, not Everett.

However, extensive studies later showed that the shore was also part natural shoreline - therefore part Everett’s property.

The two sides began working out a compromise: The state would deed 300 feet of the shoreline on each side of the point to Everett. In return, Everett would deed his interest in the tip of the point to the state - leaving public access to the lake in that area.

But at a hearing at North Idaho College Tuesday, more than a dozen residents turned out against the proposed agreement.

“We’ve had the use of this area for a good many years,” said Mary Piggott. “Mr. Everett is being very greedy trying to take this away from the people.”

Art Manley told the land board that the public has already lost too much of its access to the waterways.

Hauser resident Al Sharon said it also appears that no lakeshore property taxes have been paid on the disputed property.

“Most people know if you own property you pay taxes,” he said.

In making their decision against the agreement, board members Anne Fox and Gov. Batt said there were still questions to be answered about where the high-water mark line is and what kind of taxes on the property have been paid.

J.D. Williams said it appears the land on the west side of the point does belong to Everett but said he was not prepared to hand over the lakeshore land on the east side.

Despite the land commissioners’ decision, the situation is far from resolved. Everett may still file a lawsuit or may try to work out a different agreement.

Meanwhile, fishermen are continuing to drop their lines in the water off The Point.

Not so for Everett. “We haven’t gone down to our beach for three years,” he said.

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