Hibriten Mountain trail is closed

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Don’t know the details. If anyone does, I’d like to hear them.

It is a shame. Great, local trail for training for backpacking trips. Scouts in this area have used it for decades, along with countless others.

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HandyDave said:
A cheap plastic stop sign with some child like writing on some tape? I wouldn't pay no attention to it until someone of actual authority told me different.
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This right here. I can just as easily hand someone a piece of paper with child like writing on it that says “piss off”
 
HandyDave said:
A cheap plastic stop sign with some child like writing on some tape? I wouldn't pay no attention to it until someone of actual authority told me different.
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Burt Gummer said:
This right here. I can just as easily hand someone a piece of paper with child like writing on it that says “piss off”
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Got 'ya covered fam.


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Not sure that's what Superior court is for. That is for trials. Unless they successfully prosecuted a trespassing case. But that would not be the binding issue they seem to claim it is. They would need to post it, and not like that, then prosecute anyone that trespasses. @Cowboy any ideas if that sounds right or wrong?
 
If'n it were my Private Road, it would have a chain across it, and several metal signs that say "Private Road", "Private Property", "No Trespassing", "No Hunting" and purple paint would be on the trees. No child-like writing necessary.
 
chiefjason said:
Not sure that's what Superior court is for. That is for trials. Unless they successfully prosecuted a trespassing case. But that would not be the binding issue they seem to claim it is. They would need to post it, and not like that, then prosecute anyone that trespasses. @Cowboy any ideas if that sounds right or wrong?
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Actually Superior court is the proper venue for this. You have to remember with all levels of court in NC you have Civil court and Criminal Court. While the case restricting access would most definitely be filed in superior court for such a large venue. Any kind of prosecution for Trespassing would go to district criminal court before going to superior criminal for a trial.

I would contact the Caldwell county clerk of court at 828-759-3500 if anyone is so inclined. Ask for civil department and give them the name associated with the case and they can tell you if it's a valid order.
 
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If that sign is on the main road leading in, the new Yankees that built houses at the gate probably put that up. They have been bitching for a decade to keep people off the mountain. The road is an easement all the way to the tower. I have access on the backside butI don’t have a motorcycle anymore. My walking is limited to car, and cart paths only on par three holes.

Pretty sure you need to paint your section or post signs per linear foot of property. 765 acres is pretty large section of that developed access road area. Here come the retirees from New York, Jersey, and Massachusetts.
 
BlackGun said:
If that sign is on the main road leading in, the new Yankees that built houses at the gate probably put that up. They have been bitching for a decade to keep people off the mountain. The road is an easement all the way to the tower. I have access on the backside butI don’t have a motorcycle anymore. My walking is limited to car, and cart paths only on par three holes.

Pretty sure you need to paint your section or post signs per linear foot of property. 765 acres is pretty large section of that developed access road area. Here come the retirees from New York, Jersey, and Massachusetts.
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Yes, it is on the main access road. Underneath the paper taped to it, it is printed with the limitations of use on the road, including daylight use only. For years, there have been signs there saying such things as keep on the road, daylight use only, respect landowners, don't litter, etc. - just common sense stuff to respect the use of the road for hiking.
 
I’m pretty sure the road was maintained by the tower company. I had a friend who went many nights to service AC units in the tower building. I never went in from that side but would ride down to the gate all the time.

I got to see one flight from the glider ramp. Looked pretty cool. I have pictures but not of the takeoff.
 
It looks like the Diggs bought their property in late 2020.
I'm interested to see how this plays out. I have no dog in the fight. Although I'm not sure how, if it all no entry without express permission is enforceable if Hibriten Mountain, LLC intends to allow access for hikers and such.
 
Exspiravit said:
The way it's worded, it sounds like the LLC and a resident fighting over property lines and right of way.
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The Diggs' installed gate posts just past the hiker parking area. A gate wasn't installed the times I was there, but it was obvious it was going to be a remote operated gate, as they ran power and some sort of cable to it. I'm betting that gate is what started this kerfuffle, rather than hikers and horseback riders.

I ran into Mr. Diggs during construction of the gate posts and we chatted briefly. He was nice to us and they had a nice sign further up their drive (which goes to the road that we hike on) with a list of what was/wasn't allowed as far as hiking goes. It was a nicely worded sign. I don't think the Diggs had an issue with hikers, based on my interaction.

As far as I know, the NC Forest Service still has an easement up that same road since there is a fire tower at the top of the mountain. My understanding was that the Forest Service right of way was why there was hiking, etc. access along the road, including across Hibriten Mountain LLC's part of the road.

Thank you for posting this update, @chiefjason.
 
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