I was asked recently about the land bordering the west properties in the neighborhood, where we have all noticed the recent Hiawatha Drain project underway by the county. There was some confusion about the rights-of-way for this land – especially the use of dirt bikes and ATVs. For example…
- Is this land owned by Consumers Energy?
- What about the water retention space near the neighborhood entrances?
- Is the area under the power lines okay for vehicle traffic, ATVs, or dirt bikes?
- What about pedestrian foot traffic along the power line corridor?
I reviewed the Lakeshore Woods plat survey and contacted representatives at Consumers Energy to find out more.
Who owns the land?
The land immediately behind all western lots is part of the neighborhood development.
This includes the water retention area near the entrance and the power lines corridor. The power lines and new Hiawatha Drain are subject to special easements, allowing their construction and maintenance.
I have updated the Neighborhood FAQ with a link to the most recent Consumers Energy release of easement.
This land is a part of our Lakeshore Woods subdivision.
What are the rules?
Since this area is a part of Lakeshore Woods, we set the rules.
Consumers Energy representatives confirmed that we have every right to control or regulate the use of this land where the power lines run. Since this is part of our neighborhood “parks” greenspace, our existing C&R rules apply.
Specifically, the use of vehicles, ATVs, or dirt bikes is prohibited under Section 7.6.6:
Minibikes, go karts, off-road vehicles and snowmobiles are not permitted within any Lot or within the Development unless stored within a garage.
The exception to this rule is that Consumers Energy and county vehicles have the right to drive through this area, and may not be prohibited from access to maintain the power line easement.
What about violations?
Lakeshore Woods neighbors are within their rights to ask anyone using this land beyond its original intent to leave. This restricts vehicle traffic other than maintenance vehicles, like ATVs and dirt bikes.
(motorized vehicles are also prohibited on the Hiawatha Forest county land south of us)
Lot owners should report misuse to the Ottawa County Sheriff at 1-800-249-0911 and should indicate a license plate number if possible.
What about pedestrian traffic?
Reasonable pedestrian use of this land – including any other “park” greenspace – is okay for Lakeshore Woods residents. In fact, you can see in the west side of the survey that the developers originally planned a walk path connecting Legacy Drive, Pierce Street, and Hiawatha Forest to the south.
It is my opinion that we should allow reasonable pedestrian use of the power line corridor for those who enjoy walking or taking their dogs to the county land south of the neighborhood, even if they come from nearby neighborhoods.
Of course, if foot traffic becomes a nuisance to lot owners it is clear that our “park” greenspace is for the use of members of the neighborhood and not the general public. If pedestrian traffic becomes problematic, we have the right to enforce stricter trespassing rules as necessary.
I hope this clears up any confusion about the greenspace areas surrounding our homes.
Again, please report any unlawful activity to the Ottawa County Sheriff, and feel free to let me or any member of the HOA Board of Directors know if you have any questions or concerns about the use of common areas.
