By Bob Montler and Paul Mooney
Spruce Creek, one of the most well-known fly fishing spots in the nation, is located in central Pennsylvania. Private landowners committed to conservation have worked to restore the stream, which was once damaged by clear-cut logging, to its original state. These waters are known for their natural beauty and trophy trout.
Regretfully, by taking private land, the state government is threatening to destroy these treasures. If history is any indication, this unconstitutional overreach will lead to injustice and the destruction of important outdoor fishing habitat.
We received an unexpected letter in February 2022, along with the homeowners who live next door along the picturesque Spruce Creek in Huntington County. The land on the other bank from their residences, which these residents had long maintained, posted, and paid taxes on, was claimed by the Pennsylvania Department of Conservation and Natural Resources (DCNR).
A classic example of government overreach ensued. At a public hearing, DCNR curtly ignored landowners’ protests that they had been paying taxes on the disputed area, saying, “That is no concern of ours.” Even more concerning, it was discovered through Right to Know requests that DCNR’s own local staff had told their superiors that the property in question was not owned by the state. However, the agency persisted even though these property marks, which are still in place today, plainly define the boundary of a nearby state forest.
We requested an emergency injunction after DCNR declared in February 2024 that they intended to open the stream for the 2024 fishing season following months of unsuccessful negotiations. The Commonwealth Court swiftly issued a stay on half the state’s attempt to take this land after seeing how incorrect the state was.
Serious questions concerning resource management and government overreach are brought up by the circumstance. We must ask why this administration is using significant public resources to try to seize private property as the governor and General Assembly get ready to make important decisions regarding taxpayer funding for the next state budget. This is especially true given that DCNR consistently requests more funding, arguing that they are unable to adequately maintain their current parks and infrastructure.
The Constitution of Pennsylvania makes it clear that a man’s property cannot be seized from him or used for public purposes without his permission. Even without a deed to the property they claim, DCNR persists in pursuing its goals while neglecting to produce the most fundamental evidence of ownership. In the meantime, the landowners’ thorough investigation has verified that their titles cover the creek’s far bank.
This goes beyond Spruce Creek. Concern should be raised by any Pennsylvanian whose land borders the projected 5,800 miles of state forest. We all lose when a public agency may try to take private property without the required paperwork, disregard its own personnel and surveys, and disregard the rights of taxpaying individuals.
The issue is about government accountability and the prudent use of public resources, not merely property rights.
From Spruce Creek, Pennsylvania, Paul Mooney and Bob Montler share their thoughts.