Landowner fights development ban
SYRINGA, Idaho – An Idaho man is fighting the U.S. Forest Service in court, contending that additions he made to his private property within the Clearwater River Wild and Scenic corridor do not violate 25-year-old development restrictions.
The U.S. Forest Service has sued Therral “Terry” Jackson in U.S. District Court in Boise, asking Judge Edward J. Lodge to order him to stop cutting timber, cancel further construction plans and remove a new concrete retaining wall, footbridge and other improvements on portions of his three-acre lot. The land is on the Middle Fork of the Clearwater River near Syringa, 90 miles east of Lewiston in north central Idaho.
If Jackson doesn’t remove the additions and return the landscape to its previous condition, the Forest Service says it will tear out the developments and bill Jackson for the cost.
The agency contends Jackson has violated terms of a scenic easement the Forest Service bought from previous owners of the property in 1980 for $3,200 that prohibits “changes in the general topography of the landscape or land surface.” The easement was acquired by the government to preserve the natural character and water quality of the corridor, which was designated by Congress in 1968 as a national “Wild and Scenic” river.
Jackson, who bought the property in 2002, has built a “massive concrete retaining wall, patio, foot bridge and concrete walk to the residence,” according to the complaint filed in late May.
Jackson filed his first response July 7, acknowledging he was aware of the easement restrictions when he bought the land. He argues that his projects do not represent any change in the general topography of the landscape.
Acting as his own attorney, Jackson also denies that he needed authorization from the Lochsa District Ranger of the Clearwater National Forest before proceeding with the projects.
“I think the easement is a good thing,” he told the Lewiston Tribune newspaper. “It is just misadministered by the Forest Service.”
Assistant U.S. Attorney Deborah Ferguson in Boise said legal action was brought only after Jackson refused to work with Clearwater forest officials.