Wood still knotty issue for board

SHARON — Despite discussions between the selectmen and resident Bill Kelsey, there is still no policy yet on whether wood fallen on town property belongs to the public or the town.

At the Board of Selectmen’s  meeting on Tuesday, Feb. 10, at Town Hall, First Selectman Malcolm Brown said he discussed the situation with an attorney.

“However, the attorney wishes to remain anonymous,� Brown said.

Brown said he asked the attorney the question and was sent a legal opinion and records of previous court cases, including a Supreme Court case from 1921 that indicated that wood that falls along a roadside belongs to the landowner.

“Because the landowner owns the land up to the middle of the highway,� Brown said. “So the implication is wood would become community property; but it needs to be removed from the roadside with the landowner’s permission. I forwarded all of the information from the [anonymous] attorney to our town attorney, Judith Dixon. I asked her to talk to me and see if we should adopt a policy.�

“If that’s true, then it’s Sharon Land Trust land,� Kelsey said. “Cannan, Cornwall, Kent, Falls Village, they don’t have any lawyers advising them about wood along the side of the road.�

Selectman Tom Bartram said that in the past, the highway department would deliver wood to residents who put their name on a list.

“It’s not like we didn’t used to do it,� Bartram said.

Earlier in the meeting, Kelsey had reviewed research he conducted on other town’s policies on fallen wood.

“I went to all the towns and all the highway garages,� Kelsey said. “The comments I got were that the wood stays on the side of the road from three to five days. If it’s not moved by then, the town’s road crew goes over there and picks up the wood. Before they pick up the wood they look at a list to see [which resident] needs firewood. They accommodate the taxpayer in every situation.�

He said it did not make a difference if the wood was cut by the town or a utility company. However, Kelsey did not say which towns he researched.

“I have a list of people who burn wood in town,� Kelsey said. “There are more than enough people on my list who would happily take wood.�

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