Mendocino NF road closure?

Discussion in 'West – California, the desert southwest and whatev' started by Cpt. Ron, Aug 11, 2010.

  1. Cpt. Ron

    Cpt. Ron Advrider #128

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    Can anyone confirm that there are now locked gates on 17N04 (Twin Valley Road) at Crabtree Hot Springs?
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  2. skwidd

    skwidd where does this lead?

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    Yes, the crazy blue bus folks gated the road through their private property.
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  3. Cpt. Ron

    Cpt. Ron Advrider #128

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    Arrrrggggg.

    Start a collection for a civil suit for trespass upon easement?
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  4. skwidd

    skwidd where does this lead?

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    That old timer probably had his fill of speeding bikes and drunk tweekers many years ago, surprised it took this long.
    Ranger from Upper Lake station said very simply "no more through traffic that way on the road".
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  5. tmex

    tmex Long timer

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    Not sure the Forest Service and the landowner have the authority to remove an easement.
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  6. Cpt. Ron

    Cpt. Ron Advrider #128

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    From a little research, the public had an easement because the use was allowed. The owners are now trying to revoke that easement by putting up gates. If the public wishes to maintain access, action must be taken.

    It's a tough debate of public access through private property. I can see and appreciate both sides of the debate.
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  7. Bonnie & Clyde

    Bonnie & Clyde Wishing I was riding RTW

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    This is no good
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  8. tmex

    tmex Long timer

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    Unless the owners post something to the effect that the right to pass is revokable at any time blah, blah, blah,... then the easement becomes permanently part of the public domain.

    http://www.octitle.com/am-ease.asp
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  9. Cpt. Ron

    Cpt. Ron Advrider #128

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    I don't think they ever did that. That road has allowed traffic to pass for over a decade. The only signs I ever saw were at the "trailer" stating that the springs were private property.
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  10. boney

    boney Ride > Post

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    :lurk
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  11. BillyD

    BillyD Been here awhile

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    I tend to disagree...

    In order for use to mature into a prescriptive easement, I believe such use needs to be
    [SIZE=-1]"open, adverse, and notorious", meaning use needed to continue for 5 or more years over the objections of the owner.

    I was sued by a lawyer neighbor once who was claiming prescriptive rights over my property. Long story short, his suit was thrown out, I prevailed in a counter suit, and the lawyer ended up going bankrupt with me owning his 35 acres.

    Now, if you tell me that there was a legally granted and recorded easement providing ingress/egress to the forest service, then that's a different story.
    [/SIZE]
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  12. Countdown

    Countdown Long timer

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    If the Forest service closes the road on their land, there is no claim against property owner. However if they give him access from both ends so he can drive through, there may be a claim but solution is to only give him access from one end and you are still locked out.

    Solve the problem, build a trail around the private property!
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  13. Cpt. Ron

    Cpt. Ron Advrider #128

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    From what I understand, the FS didn't close the road. The property owner did.
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  14. mcma111

    mcma111 Long timer

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    My buddy e-mailed the main office up at Mendo and this is the reply:


    Yes, It is closed. It is part of the OHV Corridor, but that part of the corridor is on private property and the owners have put up gates. There is nothing we can do.
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  15. WoodsChick

    WoodsChick Long timer

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    Maybe they could put a trail in that would bypass that whole section?
    An OHV corridor isn't really a "corridor" if it doesn't go all the way through...



    WoodsChick
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  16. boney

    boney Ride > Post

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    I pulled out my most recent MNF map and took a peek at the background shading. If there's any accuracy to it, and I suspect there is, then there is pretty much no option for a re-route without cutting a couple miles of new road. The terrain in that area is steep and the road in question switch-backs up the end of the ridge, all of which appears to be owned by said person with the gate.

    It looks like a viable option would be for the Forest Service to rehabilitate 17N07, which is a fantastic little 4x4 road that is now pretty much so overgrown you could hardly get a quad through. In fact last time I tried going up there the southernmost section had such a deep parallel rut running through a very narrow trail section that I turned around. It's a great little road, but I doubt it would ever be big enough to get a jeep through again.

    I'm thinking that given the current state of the National Forest Service, which is to close all roads and deny access anywhere they can, that there is less of a "nothing we can do" problem here and much more of a "there's nothing we're going to do" issue.

    This fits right in with the closure of 16N01 across the top of Bartlett Mountain. The best we can do is check with the county to see if the county road goes all the way through. Twin Valley Road is listed as CR 303A but my maps don't show where it ends. I would think that logically (I know, we're talking about the government) it would "T" into CR 301C which is Bear Creek Road- taking it right through said property owner's land. Perhaps the National Forest can't do anything about it, but the county can?

    I'm just thinking out loud now....
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  17. boney

    boney Ride > Post

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    Here's a map of the parcel:

    [​IMG]
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  18. boney

    boney Ride > Post

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    Here's the people in charge of the road maintenance:

    I'd call tomorrow, but I have a date with a boat and a wakeboard and won't be in cell range.:evil

    For what it's worth, when a property owner had "closed" Reiff road with a fallen tree (and kept making it closed when people moved stuff around to get through) the county went right out there and cleared the fallen tree after just 1 phone call. The person I talked to seemed very knowledgeable of their jurisdiction.
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  19. tmex

    tmex Long timer

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    I believe the section of road in question fits the "open, adverse, and notorious" description. About the only one I know who has not been on it is you.
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  20. BillyD

    BillyD Been here awhile

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    I was referring to the "use", not the road itself...

    Certainly, if one were to cut the lock on the gate and use the road without permission, then that use would be considered "open, adverse and notorious".

    One could get a report from a Title company to determine whether any easements are recorded against the property and to whom they benefit. If the County or Forrest service are beneficiaries of any such easements, then either would have the clear right to remove any obstacles unreasonably erected by the Owner.
    #20