Concerns over government infringing on personal property rights are often in the spotlight, but, as local officials will attest, the issue cuts both ways.

Multiple agencies, including Kootenai County, Post Falls and Coeur d'Alene, are wading through encroachment cases, taking steps to have the people's properties restored.

Nick Snyder, the county's Parks and Waterways director, recently informed county commissioners it was believed Cataldo property owner Mark Tula built a dirt road about 100 feet on county property without permission. The road allows him to access his land along the Coeur d'Alene River.

"It's very unfortunate. It would have been easier if he came to us first and it wasn't in a Superfund site," said Snyder, adding the county may have been able to help Tula find another way to access his property.

"It's the people's property. Encroachment sets a precedent."

Superfund sites have been contaminated by hazardous waste — in this case mining sediment — and identified by the Environmental Protection Agency for cleanup because they pose a risk to human health or the environment.

The Cataldo encroachment case prompted the county to notify regulatory agencies. County officials confirmed they have discussed the issue in executive session, but couldn't comment on the details of those discussions.

Melanie Collett, Panhandle Health District spokeswoman, said her agency was contacted by the county about the case.

"The landowner placed rip-rap along a pre-existing road to stabilize the shoulder," she said. "There was no excavation of contaminated Superfund land waste."

Collett added no permit through the PHD was required for such work.

"An ICP (Institutional Controls Program) permit was not required since the excavated material appeared to be less than a cubic yard, no remediated barriers were disturbed and no material was transported off site," she said.

Tula explains

Tula, who said he purchased his property in October, said he thought the land where the road work was performed was his and later realized it isn't.

"I thought it was my property," he said. "I intend to rectify the situation. I feel bad about the whole situation. I wouldn't have bought the property if I couldn't get access to it."

Tula, of Kingston, said he bought his property north of Canyon Road and Interstate 90 on the east side of the river as a gathering place for family members.

"It was like a dream for the family, then it went south," he said. "It looked like there was a road there before, so I further developed it by adding dirt so we could get the camper down there."

Tula also put up a gate along the road with a “No Trespassing” sign on the county's property.

The case appeared to stun county commissioners when Snyder first presented photos of the road.

"Who takes equipment on somebody's property and blazes a road?" Commissioner Dave Stewart asked.

Commissioner Dan Green added: "This needs to be remediated."

The county has put large cement blocks in the road near the property line to stop motorists from using it.

Mark MacIntyre, EPA spokesman, said his agency hasn't been notified about the situation since the land hasn't been cleaned up.

"Otherwise EPA is not involved in local land-use decisions," McIntyre said. "We are mostly interested in property that has already been cleaned up since post-cleanup land-use activities could harm the cleaned-up property."

The county isn't the only local agency dealing with encroachment issues.

Problems in PF

Bryan Myers, Post Falls parks manager, said the city had a survey done about a year ago at Black Bay Park after a city staffer walked through and noticed multiple neighbors appeared to be encroaching on the city’s parkland.

"We're working on those cases internally and can't comment on the process," Myers told The Press. "We're having to work through them individually on a case-by-case basis. All of them are somewhere along the line in the process. It's not like we're turning a blind eye to it."

Myers said even though the land being encroached upon is natural, forested and not heavily used, the actions are taking away from the forest setting the park offers.

"Part of the character of Black Bay is having that undisturbed, natural setting in an urban environment," he said.

Myers said encroachment cases — whether intentional or not — come up at the city from time to time.

About eight years ago it was discovered the city had encroached on a property owner's land near Treaty Rock Park, requiring the city to exchange land with the person to rectify the situation. The issue was discovered after many years when the property owner applied for a building permit.

"It happens both ways (between governments and individuals)," said Myers, who didn't immediately know the exact number of property owners who are encroaching on Black Bay Park and the total size of property the cases encompass.

And in Cd’A

Terry Pickel, Coeur d'Alene's Water Department superintendent, said adjacent property owners recently encroached on city property at the Clayton Avenue well site off Government Way southwest of the jail with portable buildings, vehicles, equipment and unauthorized dumping.

Pickel said the city has built a fence around the well to protect the property from future encroachment and because federal rules for permits require municipalities to protect the water supply.

"The fence helps keep the area free of contamination," Pickel said. "We have sent a bill to one of the property owners who had admitted some of it. But we have not had to take any legal action to this point. We have had some otherwise very minor issues at a couple of other sites, but have been always able to work it out amicably."

The well serves the fairgrounds, which uses the water for irrigation.

Spirit Lake, too

Spirit Lake Mayor Todd Clary said the city has had cases in which fences have been built in alleys, but such incidents are generally rectified with a verbal contact with the residents.

"The alleys have gotten a little tight in some areas, but when it's explained they're on city property, there's generally no problem," Clary said.