Committee flags unauthorized use of Shoemake gates, asks staff to investigate easement and ADU access

The Heritage Committee discussed repeated vehicle use at the Shoemake gates and whether that access constitutes unauthorized use of a town-owned easement.

Committee members said the property under the Shoemake gates is town-owned and that seasonal or construction vehicle traffic observed at the gate may constitute "open and notorious" use that could, over time, create prescriptive rights if not addressed. Members agreed the committee is not the enforcement authority and asked staff to refer the matter to code enforcement or the town attorney for a legal opinion.

Why it matters: If the public or private use of a town easement becomes continuous and uncontested, property owners can sometimes claim prescriptive easement or rights that limit future town control. Committee members said they prefer a proactive letter or code-enforcement reminder to prevent any claim of adverse use.

Committee discussion and actions Members recommended that the committee ask Cody (town staff) to investigate current access rights and whether the Shoemake access is permitted for regular vehicle ingress; one member suggested a formal letter reminding occupants of limits and emergency-only use. The committee discussed complexities of easement law and agreed staff or legal counsel should advise on the proper approach before taking enforcement steps.

Quotes from the meeting "They have no access to the property, so they should not be using it," a committee member said regarding vehicle passage through the gates.

Next steps The committee will ask staff to review recorded easements and consider an official reminder to property users; code enforcement or the town attorney may be asked to intervene if necessary. No enforcement action was taken by the committee at this meeting.