

Removal of Trespassing sign across the Davidson River.


Removal of Trespassing sign across the Davidson River.
The Issue
To the Honorable Officials of Transylvania County and the State of North Carolina,
We, the undersigned citizens of Transylvania County and the State of North Carolina, respectfully submit this petition to advocate for the immediate removal of the "No Trespassing" sign currently obstructing access to the Davidson River, specifically at the new pedestrian bridge.
This effort began with one concerned citizen's dedication, despite significant personal challenges. It required extensive, independent research into complex legal frameworks—a difficult task given limited formal education. What started as a personal quest to understand why a public waterway was being unlawfully restricted has now grown into a collective realization that the public's fundamental rights are at stake.
The Davidson River is a vital natural resource and an integral part of our community's heritage and economy, providing essential opportunities for recreation, tourism, and appreciation of our natural environment.
North Carolina law, grounded in the Public Trust Doctrine, clearly establishes that navigable waters are held in trust by the State for the benefit of the public. This doctrine affirms the public's right to navigate, swim, fish, and engage in all recreational activities on such waterways, even when adjacent land is privately owned. Multiple state officials and authorities have confirmed that the Davidson River is, in fact, a navigable waterway. The presence of a "No Trespassing" sign directly across a navigable portion of the Davidson River is a clear violation of this established legal principle and unjustly restricts public access to a shared resource. Such signs not only deter lawful recreational activities but also create confusion and undermine the public's understanding of their rights to enjoy North Carolina's navigable waters.
In a time when Transylvania County residents are facing a proposed tax increase, it's more critical than ever that our elected officials demonstrate fiscal responsibility and prioritize the interests of all citizens. As a community, we entrust our governing body with the stewardship of our resources and the protection of our rights. We acknowledge that the Transylvania County Board of Commissioners is composed of elected officials who ran campaigns emphasizing individual liberty, property rights, and responsive governance. It is therefore incumbent upon this Board to ensure that fundamental public rights, such as access to our navigable waterways, are vigorously defended and not inadvertently or intentionally diminished.
The continued presence of this unlawful "No Trespassing" sign sends a clear message that public rights are secondary, even as the financial burden on taxpayers is increasing. We ask our Commissioners to uphold the principles of public trust and accountability, demonstrating that they are indeed serving the will of the people and protecting the resources that belong to all of us.
Therefore, we, the undersigned, respectfully urge the appropriate authorities, particularly the Transylvania County Board of Commissioners, to:
* Promptly investigate the placement of the "No Trespassing" sign on the Davidson River at the new pedestrian bridge.
* Order the immediate removal of the aforementioned "No Trespassing" sign, affirming the Davidson River's status as a public trust waterway and reaffirming the public's right to access.
* Take necessary steps to ensure that public access to all navigable portions of the Davidson River is clearly maintained and protected in accordance with North Carolina law, demonstrating a commitment to responsible governance and the public good.
This petition represents the collective voice of Transylvania County citizens, united in our desire to see this sign removed and our public waterways truly accessible to all. We need the help of our community to finish what was started and ensure justice prevails for our shared natural resources.
Thank you for your attention to this critical matter.
Sincerely,
The Concerned Citizens of Transylvania County and North Carolina
252
The Issue
To the Honorable Officials of Transylvania County and the State of North Carolina,
We, the undersigned citizens of Transylvania County and the State of North Carolina, respectfully submit this petition to advocate for the immediate removal of the "No Trespassing" sign currently obstructing access to the Davidson River, specifically at the new pedestrian bridge.
This effort began with one concerned citizen's dedication, despite significant personal challenges. It required extensive, independent research into complex legal frameworks—a difficult task given limited formal education. What started as a personal quest to understand why a public waterway was being unlawfully restricted has now grown into a collective realization that the public's fundamental rights are at stake.
The Davidson River is a vital natural resource and an integral part of our community's heritage and economy, providing essential opportunities for recreation, tourism, and appreciation of our natural environment.
North Carolina law, grounded in the Public Trust Doctrine, clearly establishes that navigable waters are held in trust by the State for the benefit of the public. This doctrine affirms the public's right to navigate, swim, fish, and engage in all recreational activities on such waterways, even when adjacent land is privately owned. Multiple state officials and authorities have confirmed that the Davidson River is, in fact, a navigable waterway. The presence of a "No Trespassing" sign directly across a navigable portion of the Davidson River is a clear violation of this established legal principle and unjustly restricts public access to a shared resource. Such signs not only deter lawful recreational activities but also create confusion and undermine the public's understanding of their rights to enjoy North Carolina's navigable waters.
In a time when Transylvania County residents are facing a proposed tax increase, it's more critical than ever that our elected officials demonstrate fiscal responsibility and prioritize the interests of all citizens. As a community, we entrust our governing body with the stewardship of our resources and the protection of our rights. We acknowledge that the Transylvania County Board of Commissioners is composed of elected officials who ran campaigns emphasizing individual liberty, property rights, and responsive governance. It is therefore incumbent upon this Board to ensure that fundamental public rights, such as access to our navigable waterways, are vigorously defended and not inadvertently or intentionally diminished.
The continued presence of this unlawful "No Trespassing" sign sends a clear message that public rights are secondary, even as the financial burden on taxpayers is increasing. We ask our Commissioners to uphold the principles of public trust and accountability, demonstrating that they are indeed serving the will of the people and protecting the resources that belong to all of us.
Therefore, we, the undersigned, respectfully urge the appropriate authorities, particularly the Transylvania County Board of Commissioners, to:
* Promptly investigate the placement of the "No Trespassing" sign on the Davidson River at the new pedestrian bridge.
* Order the immediate removal of the aforementioned "No Trespassing" sign, affirming the Davidson River's status as a public trust waterway and reaffirming the public's right to access.
* Take necessary steps to ensure that public access to all navigable portions of the Davidson River is clearly maintained and protected in accordance with North Carolina law, demonstrating a commitment to responsible governance and the public good.
This petition represents the collective voice of Transylvania County citizens, united in our desire to see this sign removed and our public waterways truly accessible to all. We need the help of our community to finish what was started and ensure justice prevails for our shared natural resources.
Thank you for your attention to this critical matter.
Sincerely,
The Concerned Citizens of Transylvania County and North Carolina
252
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Petition created on June 8, 2025