We Win!!! It can be done.

Land Use, Trail Info, etc

We Win!!! It can be done.

Postby Rich » Wed Jan 14, 2009 3:04 pm

Some of you may remember me talking about the private land owner who erected a gate on his property and blocked access to a spot my friends and I have ben hiking for 20 years.

To make a really long story short we (my friends and I) joined another group who were already aware of the gate and were starting action. We tried to settle out of court but the guy refused to remove the gate on what we interpreted as a public road. We were forced to pool our money, hire a lawyer and file suit. After presenting evidence of the road being public we won what is termed "summary judgement". If I understand that correctly it basically means the judge told the defendant he didn't have a leg to stand on and there was no reason to go to trial and waste tax payer dollars. The land owner signed the agreement for permanent easement across his land.

Historic Trail to Remain Open

The North Fork American River Alliance (NFARA) announced they have successfully completed legal proceedings to keep the historic Lost Camp Road near Blue Canyon open to the public. The road provides access to the China Bar Trail and public lands along the North Fork of the North Fork of the American River.

NFARA vice president Ron Gould stated, “ We are pleased the Placer County Superior Court agreed with our belief that the public shall not be denied the right to use historic public routes that provide access to the wild and scenic attractions of the American River.”

A landowner had erected a gate blocking access to Lost Camp Road and the historic China Bar Trail. NFARA met with the landowner numerous times, attempting to resolve the issue. After taking all possible steps short of legal action, NFARA took the landowner to court to require him to restore public access to the road and trail. The legal documents NFARA filed with the court included numerous examples of continuous public access to the river during the past 150 years. This successful case further strengthens the legal underpinnings of the public’s right to use such roads and trails.



It's not 100% over. Now we get to deal with TNF possibly closing their short section of the road, which would effectively close the road anyway. NFARA is fairly confident we can prevent that though. The big battle is won.

Only down side is I'm pretty sure I was sleeping with the (land use) enemy on this one. It was an interesting convo when I met the guy heading this up in person. Him in a prius, me in a H1 with rubicon fund raiser "every trail sacred" stickers plastered on it. :lol: We talked a bit about land use issues both skirting the deeper issues and showing respect for eachother's position - if just for that convo. ;) On this issue we agreed and leave it at that.
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Re: We Win!!! It can be done.

Postby Sewie » Wed Jan 14, 2009 5:41 pm

Congrats Rich! 8) With the evidence you have, it sounds like TNF shouldn't be a problem either.

Only down side is I'm pretty sure I was sleeping with the (land use) enemy on this one. It was an interesting convo when I met the guy heading this up in person. Him in a prius, me in a H1 with rubicon fund raiser "every trail sacred" stickers plastered on it. :lol: We talked a bit about land use issues both skirting the deeper issues and showing respect for eachother's position - if just for that convo. ;) On this issue we agreed and leave it at that.


Look at it as an opportunity to show him that not all wheelers are drunken rednecks tearing through/up the forest. Responsible recreationists like yourself have just as much respect for our public lands but just choose to enjoy them in a different manner. Hell, invite him to ride along some time. May be a wasted effort, but you never know.
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Re: We Win!!! It can be done.

Postby Rich » Wed Jan 14, 2009 10:44 pm

Sewie wrote: Look at it as an opportunity to show him that not all wheelers are drunken rednecks tearing through/up the forest. Responsible recreationists like yourself have just as much respect for our public lands but just choose to enjoy them in a different manner.


Almost exactly what Bebes said.

Hell, invite him to ride along some time. May be a wasted effort, but you never know.


May not be a wasted effort. When the judgement came from the courts I emailed him and thanked him for all of his hard work. He said next time we hike the trail to go camping to let him know, he wanted to hike down and meet the others.
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