Chief U.S. District Judge Daniel Domenico ruled Wednesday that the United States owns the Hallar Deed Area in San Juan National Forest near Mancos. He granted summary judgment to the government and barred the Free Land Holder Committee from putting up fences or preventing public access, according to Courthouse News Service.
The fence dispute dates to 2024
In October 2024, committee members put up 4.5 miles of a planned 6.6-mile fence around 1,460 acres near Chicken Creek, according to the Durango Herald. Local residents later removed the wire and posts in a nonviolent action, the Herald reported. The fence is no longer in place.
Trail access near Chicken Creek
The U.S. Forest Service says the upper part of Chicken Creek Trail is open to motorized travel to its junction with Rim Trail, about 1.5 miles from the trailhead. The agency identifies its Motor Vehicle Use Map as the legal document for identifying and enforcing motorized-travel rules on the forest; the map does not establish the location of the disputed fencing area. U.S. Forest Service trail information describes the Chicken Creek route.
The Department of Justice sued Patrick Pipkin, Bryan Hammon and other unidentified committee members in 2024 over the fencing. The case invoked the Unlawful Inclosures Act, which bars unauthorized enclosures of public land, as described in The Journal’s earlier coverage.
The court rejected the ownership claim
The court concluded that the government had established federal ownership and that Pipkin and Hammon had not presented evidence of ownership to counter it. It also rejected their reliance on posted notices and proclamations as a basis for claiming title, Courthouse News Service reported.
Pipkin and Hammon missed court-ordered deadlines to respond to the government’s motion, The Denver Post reported. Pipkin told the paper he believed the order deprived him and others of rights and that he was discussing next steps with committee members. The committee disputes the ruling but told the paper it does not plan to put up another fence while the dispute continues. The Denver Post’s report covered the group’s stated commitment.
