Paint Creek Trail

   NOTE: The Commission held an informational meeting on March 31, 2009 at 7:00 p.m. at the Oakland Township hall.  If you were unable to make it, you can view a shortened version (just over an hour) of the meeting by visiting   http://blip.tv/file/1973606 . Our thanks to Wieland Productions for filming the meeting! If you would like an extended version of the meeting (approximately 1.5 hours), contact the Trail office to request a DVD.

           The Paint Creek Trailways Commission is an intergovernmental agency formed under the Urban Cooperation Act of 1967 and is responsible for the ownership and maintenance of the Paint Creek Trail.  As steward of the Trail, it is the Commission’s duty to protect Trail property for all Trail users and to ensure that all of our neighbors know and respect the Trail property boundaries.  The Commission recently completed a survey of all property owned by the Commission.  According to the survey, unfortunately there are numerous instances in which fences, trees, posts, structures, or other items are encroaching on Trail property. 

            The Commission began formulating a process to address these instances of encroachment when it learned of a recent court decision rendered by the Michigan Court of Appeals dated February 26, 2009.  The decision, Mason v. City of Menominee, Docket No. 282714, relates to a quiet title action to determine property ownership between a private individual and a municipality.  (A quiet title action is a lawsuit to establish a party’s title to land against “anyone and everyone” thus “quieting” any challenges or claims to the title.)  Based on the advice of legal counsel prompted by the rendering of the Mason decision, the Commission has brought an action in the Oakland County Circuit Court to quiet title to its property and for declaratory relief.  While the Commission had hoped to resolve the instances of encroachments without the need for legal action, in light of the Mason decision it was necessary to bring the quiet title action immediately in order to keep all Trail property available for the public to enjoy. 

            The Commission intends to work with all persons and entities named in the quiet title action to resolve the instances of encroachment and to work with all of our neighbors to make sure that all are aware of and respect the Trail property boundaries.  In furtherance of this intent, the Commission has requested that the Oakland County Circuit Court place the quiet title action on hold while the Mason opinion is appealed to the Michigan Supreme Court by the City of Menominee and in order to allow the parties in the quiet title action the opportunity to either acknowledge Trail boundaries or otherwise resolve the encroachment issues.  The Commission hopes that all of our neighbors and those persons named in the action understand the Commission’s duty to protect the Trail for all of the public to enjoy and are willing to cooperate with the Commission to resolve this matter fairly and quickly.