Lot 99 and Greenbelt access

Lot 99 is a private lot providing access to the Greenbelt for Homeowners Association members.  In the spirit of community, the HOA has permitted public access to the Green belt via Lot 99 for roughly 30 years.

Recently, that policy of goodwill has been challenged by several developments:
- Ada County Highway District (ACHD) improperly designated the private path as a public "bikeway".
- Lincoln Property Co., the owner of the River Club, and developer of commercial and high density housing, improperly labeled the path as "public access" in support its Specific Area Plan.
- Increased car traffic and parking has led to much bad behavior, including driving in lawns, dumping trash, and harassing homeowners.
- Increased bike traffic has led to bike-pedestrian collisions and near-misses, several at high speed.

Accordingly, the HOA is considering options to reduce the negative impacts of the above developments.  We will update this page with major changes to our policy, if any.

Path FAQ

No. It is now, and always has been, private property.

No, there is no express or prescriptive easement associated with Lot 99 or the path on it. Before you start quoting the law at us, be aware that six attorneys living in the HOA and our retained outside counsel all agree on this. This may be the first time in history that seven attorneys agreed on anything.

Currently, there are no plans to close the path. We may change our mind if the speeding and harassment of adjacent homeowners continues.

As far as we can tell, bureaucratic sloppiness. The ACHD bikeway advocate saw the path on Google Maps, and assumed it was public, and proceeded to spend public money on signage, brochures, and roadway markings.  We have discussed the issue with him, and in fine bureaucratic tradition, he ignored us.  To do otherwise would admit his mistake.

Presumably, because it was in its interest to do so in support of their development applications.  It appears to us that there are alternatives that would have required the developer to designate its own property for a path. 

Yes, our first attempts with Ada County Highway District, the developer, and Garden City have been ignored. We are taking further action with ACHD.

No, the HOA maintains it, at our expense.

There is no need, as long as people use courtesy and appropriate speed. Dismount if you need to.

Yes, but you must carry the entire boat on your back to and from the river without assistance, wearing a propeller beanie, and deliver a video of the attempt to us. Georgia Tech grads may wear a rat hat.  If you are successful, you'll get a cookie.  We cannot guarantee freshness or that the cookie will be suitable for mounting as a trophy.

About IPOTR HOA & Lot 99

Investors Plantation on the River Homeowner's Association, Inc. is a non-profit corporation formed under the laws of the State of Idaho. Lot 99 is owned by the HOA.

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