This story was originally produced by the Concord Monitor. NHPR is republishing it in partnership with the Granite State News Collaborative.
The landowner who blocked the Northern Rail Trail in Andover is being sued by the state of New Hampshire, which has asked a judge to grant an “expedited injunction” to remove the concrete barriers.
The civil suit was filed by the state Department of Justice against Leonard Caron of Andover, who owns several parcels of land abutting the rail trail’s corridor. Over Memorial Day weekend, Caron put Jersey barriers at each end of a mile-long section of trail following a dispute with the Department of Transportation about whether he could drive machinery along the corridor to get access to some of his property.
“In doing so, Caron used heavy excavating machinery in order to pull up a portion of the historical railroad ties running alongside the Rail Trail,” according to a statement from Attorney General John Formella.
The lawsuit aims to settle the question of ownership of the rail trail, who has the ability to use it and govern its operation. Even though it’s a civil suit, the Attorney General’s Office laid out claims for criminal trespass, creating a nuisance, and negligence. It also seeks financial damages for the destruction of DOT’s property and interfering with the Rail Trail.
The corridor was laid out as a right-of-way by the New Hampshire Railroad Commission in 1844. It has been managed by the state since 1998 and owned by the Department of Transportation since 1991, after it was abandoned by Boston and Maine Railroad.
The Northern Rail Trail runs 58 miles from Boscawen to Lebanon on the corridor formerly used by the Boston and Maine Railroad, making it the longest rail-to-trail conversion in the state. It connects to the Merrimack River Greenway trail, which is under development in Concord.
The Department of Transportation became aware early this year “that Caron was driving vehicles from his abutting parcels into the Rail Trail, including over a railroad bridge,” according to Formella.
They sent him a cease-and-desist letter, saying the historic Keniston Bridge was unsafe and that motorized vehicles are prohibited on the rail trail. Through an attorney, Caron challenged the state’s authority over the rail. The Department of Transportation responded by citing state law and reiterated its directive for Caron to stay off the trail with heavy machinery.
“In retaliation, over Memorial Day Weekend, Caron erected concrete barriers to prevent members of the public from accessing a one-mile portion of the Rail Trail,” the state said.
In a June 2 interview with the Monitor, Caron claimed he has old deeds that show the state “had no rights to the land.”
In early June, Governor Kelly Ayotte announced the Attorney General’s Office was looking into the matter.
