In my work with the Forest Service I had many occasions to persue an R-O-W over private land. If we encountered a reluctant land owner, and negotiations failed, we either found a new route or abandoned the project. As a public agency we certainly had power to condemn, but our legal department advised us to forget it. The process would be long and expensive and our chance of prevailing in court was not good. Much has changed since the days when railroads or the Government could do pretty much what they wanted.