State Takes 'Rogue' Abutter To Court For Blocking Northern Rail Trail

By PAULA TRACY, InDepth NH

ANDOVER, NH — A dispute between an abutter and gravel pit owner and the state, which impacts the more than 150,000 bicycle riders and pedestrians who enjoy the 59-mile Northern Rail Trail, is going to court.

Attorney General John M. Formella on July 1 announced that the Department of Justice has filed a complaint in Merrimack County Superior Court against Leonard Caron of Andover, New Hampshire, alleging trespass, nuisance, and negligence after he placed concrete barriers and blocked access to a portion of the Northern Rail Trail in Andover.

The one-mile section of the trail between Bridge and Cilleyville Road near Potter Place has been blocked for over a month, with Caron asserting that he has ownership.

At a recent Executive Council meeting officials from the Department of Justice have contended that Caron is wrong and went through the process of a title search. Attempts to reach Caron on Wednesday were unsuccessful.

The DOJ is seeking an expedited injunction against Caron to remove the concrete barriers and re-open the Rail Trail to the public pending resolution of the lawsuit.

Caron is the owner of several parcels abutting the Northern Rail Corridor and operates heavy machinery. He contends that the problems began when the state blocked his access.

Executive Councilor Janet Stevens, R-Rye, called the actions by Caron "rogue" and said he is impacting many right now during the summer holiday season.

The DOJ said the corridor was laid out as a right-of-way by the Railroad Commission in 1844, and the Department of Transportation took full ownership of the Corridor pursuant to a 1991 statute, RSA 228:60-a, V.

Between Boscawen and Lebanon, the Northern Rail Trail is the longest rail-to-trail conversion in the State, and it has been managed by the Department of Cultural and Environmental Resources since 1998.

In early 2026, DOT became aware of evidence that Caron was driving vehicles from his abutting parcels into the Rail Trail, including over a railroad bridge. Because vehicles are prohibited on the Rail Trail and the bridge is not safe for such use, in March 2026, DOT sent Caron a cease-and-desist.

Caron, through counsel, refused this demand and challenged DOT’s authority to operate a Rail Trail in the Corridor.

DOT responded with the grounds for its authority and renewed its demand that Caron cease dangerous vehicular use in the Corridor.

Over Memorial Day Weekend, Caron erected concrete barriers to prevent members of the public from accessing a one-mile portion of the Rail Trail.

In doing so, Caron used heavy excavating machinery in order to pull up a portion of the historical railroad ties running alongside the Rail Trail.

The civil complaint sets forth the historical and statutory basis for DOT’s ownership of the Rail Corridor and asserts three theories in the alternative for why DOT possesses the authority to operate the Rail Trail.

It seeks to quiet title to the Rail Corridor and obtain a judicial declaration of DOT’s ownership. Additionally, the complaint sets forth claims for trespass, nuisance, and negligence seeking damages for Caron’s destruction of DOT’s property and interference with the Rail Trail.

With its complaint, DOJ has asked the court to issue expanded injunctive relief to reopen the rail trail to the public.
A copy of a previous story related to this issue is here:
https://indepthnh.org/2026/06/03/state-must-come-up-with-deposit-for-68-7m-conn-lakes-headwaters-tract-or-allow-sale/

Executive Councilor Karen Liot Hill, D-Lebanon, said: "I’m pleased to see the Attorney General taking action to restore safe public access to the Northern Rail Trail. This trail belongs to the people of New Hampshire, and no one should be forced onto a busy stretch of Route 4 because access to public land has been unlawfully blocked.

"The Northern Rail Trail is an important recreational and economic asset for communities across our region, and I hope this matter can be resolved quickly so families, walkers, cyclists, and other trail users can once again enjoy it safely."

"I commend the New Hampshire Department of Justice and the New Hampshire Department of Transportation for taking decisive legal action to protect the Northern Rail Trail and preserve public access to one of New Hampshire's most treasured recreational resources."

Councilor Janet Stevens said: "I commend the New Hampshire Department of Justice and the New Hampshire Department of Transportation for taking decisive legal action to protect the Northern Rail Trail and preserve public access to one of New Hampshire's most treasured recreational resources.

"Today's 332-page filing in Merrimack County Superior Court seeks to restore public access to a one-mile section of the Northern Rail Trail in Andover after an abutting property owner allegedly erected concrete Jersey barriers, excavated portions of the rail corridor, and prevented public access to the trail.

"These are serious violations and I applaud the New Hampshire Department of Justice for today’s filing," Stevens said.

This article first appeared on InDepthNH.org and is republished here under a Creative Commons license.