Crystal Lakes property owners still awaiting resolution

By Linda Bell
Correspondent

Crystal Lakes Association residents who received letters in March informing them they were encroaching on Forest Service land northwest of Red Feather Lakes are trying to resolve the issue through political allies, but so far, there is no solution in sight and many questions remain.

At a September meeting of the landowners concerned, property developer Don Weixelman and officers of the Crystal Lakes Road and Recreation Board, the individuals most conspicuous were the ones who didn't show up. In particular, missing were representatives of Stewart & Associates Engineering and Surveys, which conducted the original land survey, and area politicians who pledged their help to resolve the issue in Washington. Neither U.S. Rep. Marilyn Musgrave nor U.S. Sen. Wayne Allard sent a representative.

Weixelman said probably the best solution would be to trade some of Crystal Lakes greenbelt acreage for the 7.23 acres of overlap found between Crystal Lakes and the Forest Service in a 2003 survey conducted by the Bureau of Land Management.

Steve Smalley, president of the R&R Board, said such a swap would likely need to be approved by the entire association of 1,500 members, and there might be some problem in putting such a proposal to a vote to benefit the 10 members affected, unless it also included something for everyone, such as a permanent slash pile site.

Smalley pressed Weixelman to find some equivalent amount of undeveloped land adjacent to Forest Service land that is still under his exclusive ownership. That land could be traded to the Forest Service for the full balance of land sold by Weixelman in good faith to Crystal Lakes residents in Filing 9, Smalley suggested.

Joan Ekburg, one of the landowners affected, pointed out such a trade might not necessarily end up being for the same amount of land, but for land equivalent in value to the appraised worth of their currently developed lots in Crystal Lakes. In such case, she asked, who pays for and conducts such an appraisal?

Resident Lou Anne Garno said market value of developed land is quite different than the market value of raw land.

Weixelman said the liability for damages should rest with the surveyor, or the surveying company, but there is a 10-year statute of limitations, and the original survey was completed in 1975.

Inge Hongsermeier, treasurer for the R&R Board, pointed out that residents have been paying property taxes on their assumed deeded acreage to Larimer County for decades and should be refunded unless the land dispute is resolved in favor of the Crystal Lakes owners. Larimer County has a two-year statute of limitations, however, she said.

Some residents noted that owners can't sell or do anything with their properties until this is settled, and the longer it drags on without a solution, the longer they are stymied.

Smalley said that after meeting with Forest Service representatives, he believes they want a quick resolution, too.

Weixelman offered to talk with Forest Service officials in Denver to get direction from them on how to proceed. He said he would get back to the association with some recommendations by early October.