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Family Told 'No Hiking' In Their Own Backyard

Charles and Eli Copley believed they found their dream home when they ...

Charles and Eli Copley believed they found their dream home when they purchased a beautiful fixer-upper cottage on a 50-acre plot of land in the town of Roxbury, Connecticut, in ...2022.

Intent on turning the house into a home, the Copleys began fixing up not only the cottage itself, but the land surrounding it—building hiking trails, removing invasive species, and working with the Natural Resources Conservation Service to develop a forest management plan. As part of their efforts, the Copleys welcomed local hikers and dog owners—one or two at a time—to privately hike their trails for a small fee. The project aimed to keep aggressive low growth vegetation at bay and to raise funds to support the Copleys’ broader forest management efforts.

But after receiving a cryptic “Possible Notice of Violation” from the town citing its home-based business code, the Copleys have since spent more than a year unsuccessfully trying to work with town officials to once again welcome people onto their property.

Now, Charles and Eli have teamed up with IJ to demand that local officials allow them to begin inviting hikers onto their property again.

https://ij.org/case/connecticut-home-hiking/

The Copleys don’t feel that allowing people to walk in their forest constitutes a “business,” nor did they ever think that anything they were doing to maintain the forest could be deemed “illegal.” Indeed, identical land uses are permitted on nearby properties managed by the local land trust, and significantly more intensive agricultural uses are permitted throughout the town. Further, the Copleys’ trails are not visible from neighboring properties, and the neighbors that the Copleys have spoken to about their hiking trails have signaled their support. And even when hikers do bring their dogs onto the property, those dogs must remain leashed and be up-to-date on all of their shots. Allowing individuals to privately walk around the Copley’s hiking trails is utterly harmless.

Fortunately, Connecticut law protects the rights of homeowners like the Copleys. And the Connecticut Constitution further protects all residents of the state from unequal or irrational government restrictions on property use as well.

IJ and the Copleys are demanding a reasonable interpretation of the zoning code that respects both the rural character of the community and essential private property rights.Show More

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How Officials Get Away With Violating Rights | Free Speech Explained, Part 3

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