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Friday, February 10, 2012
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Susquehanna Warrior Trail
By Steve Mocarsky smocarsky@timesleader.com
Staff Writer
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It took them 14 years to go 11 miles.

Core members of the Susquehanna Warrior Trail Council walk along the trail near an access point in Shickshinny. From left: Lance Kittelson, Sandy Kittelson, Frank Coughlin, Max Furek, Pat Furek, Bonnie Shane and Dan Shane.
AIMEE DILGER/THE TIMES LEADER

Now the dedication and determination of a core group of people who developed the first portion of the Susquehanna Warrior Trail is being tested by one property owner’s refusal to let them cross his land.
The trail is a walking/hiking/biking path that extends north from the PPL Riverlands in Salem Township, through Shickshinny and Union Township and ends, for now, at the Garden Drive-In in Hunlock Township.
“It’s a great facility for local residents,” said Susquehanna Warrior Trail Council President Julie McMonagle.
But not long after hikers begin their ramble from the southern terminus, a row of junk cars blocks their path at the edge of Ed Spencer’s Auto Parts and salvage yard. Dan Shane, treasurer of the trail council, said property owner Edgar Spencer put the cars in place while the trail was being constructed.
“He made a wall of cars. Hikers have actually hiked through and he’s come out and challenged them,” Shane said.
At that point the trail sits below U.S. Route 11, making a scramble up a steep bank to the roadway risky. Even if they could make it up, skirting Spencer’s land by walking about a half mile alongside the busy highway would be unsafe.
With the exception of one individual who owns a section of land near the Mocanaqua bridge, no one has opposed the trail, Shane said. And that property owner has in the past expressed a willingness to grant an easement.
The largest hurdle so far was securing an easement from natural gas utility UGI-PNG, which owns a right-of-way along a major portion of the route. The company eventually sold an approximately 10-foot-wide easement to the trail council for $1, Shane said.
The council also had to secure licenses from PPL Riverlands and SCI Retreat – a state prison in Hunlock Township. The latter required Gov. Ed Rendell signing off on the project license.
Easements from the municipalities and utility company were secured in 2005. The construction bid for the first section of trail was awarded in early 2007 and ground was broken at a ceremony at the trailhead at PPL Riverlands in August 2007.
Most of the first section of the planned 18-mile trail is complete, but the trail council since 2001 has been unable to convince Spencer to cooperate.
Shane and council Secretary Lance Kittelson said Spencer has raised concerns about potential liability, as well as about theft or vandalism.
Kittelson said Pennsylvania law would protect Spencer from liability of any potential trespassers getting hurt on his property. And the council would post signs along the trail warning trail users not to veer from the trail.
Kittelson said Spencer’s nephew, Paul Spencer, told them last year that the council would have to erect a $50,000 fence along his property and pay to have other junk vehicles moved and stored before hikers would be allowed to pass through the property.
A woman who identified herself as Spencer’s daughter said last week she would try to have her father call to comment for this story but he did not. In a later attempt to reach Spencer, the woman said her father was “on a little trip” and could not be reached.
No one else from the family would comment for the story, she said.
People have suggested bringing in a forklift and moving the cars, Shane said.
“Well ... you can do that as long as the other person doesn’t push back. Once there’s push-back in any form, then you’ve got to go to court. It would be irresponsible for us to even ask for public money to take him to court to get access to something that’s rightfully ours,” Shane said.
The men say Spencer claims ownership of the right-of-way.
Former state Rep. George Hasay tried to help resolve the issue in 2006. He wrote a letter to Spencer’s attorney explaining that Spencer had no legal claim to the right-of-way, but got no response.
Bob Swope, a spokesman for UGI, said the utility definitely owns the right-of-way and granted an easement to the trail council. He deferred comment on the vehicle issue to UGI right-of-way manager Bob Lamson.
Lamson said UGI’s primary concern is access to a natural gas pipeline under its right-of-way. He said he did not see any vehicles over the pipeline.
Many business owners are happy to have the trail near their businesses, Shane said. Council members visited all property owners along the trail route several years ago to tell them about the project and explain the benefits of having a trail close by, such as increased property values.
“You’ve got people walking and riding their bicycles by your establishments instead of zipping by at 55 mph. Take advantage if it. Mr. Spencer could sell Jimmy Spencer paraphernalia. We and every other business owner think it’s a good business opportunity,” Shane said.
Edgar Spencer is the father of NASCAR’s Jimmy Spencer, Shane said.
Mark Spencer, owner of ABC Auto Parts – a few miles north of Edgar Spencer’s property – said he has no problem with the trail coming through his property.
Mark Spencer said Edgar is his uncle. “We talk to each other … We’re family, but we’re competitors,” he said.
He said the trail is used often. In fact, he and his employees walk part of it for exercise, he said.
Mark Spencer said he initially feared trail walkers might walk onto his property and cause damage, but that hasn’t been a problem, he said.
His only gripe is that parts of the trail are not properly maintained. In a section north of his property, “there are trees hanging down over both sides. People are afraid to go that way,” he said.
Kittelson said the council is currently trying to find people and business owners willing to take responsibility for maintaining some parts of the trail. Agreements for many sections have already been secured with municipalities such as Shickshinny, some businesses and some private landowners who live along the trail.
McMonagle said the situation with Edgar Spencer is unfortunate.
“It’s obviously a very frustrating situation for the trail organization. We’ve been working on it for years. We see the trail as a benefit to the community and don’t understand why (Spencer doesn’t) see the same value,” she said.
The dispute has thrown a wrench into plans for miles of continuous trail throughout the region. “And it cuts off the north part of the trail from a really important destination – the PPL Riverlands,” McMonagle said.
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