Does ‘private’ ever mean ‘public’?
CHERRIL DOTY
o7R-E-S-P-E-C-T
Find out what it means to me....f7
ARETHA FRANKLIN
The hillsides blanketed with a thick layer of fog, we set off up
the steep hillside trail. Sounds from below are magnified by the fog
cover and it seems as if the traffic, including rumbling trash trucks
is just nearby. As we climb higher, the sound of waves reaches up,
seemingly crashing at our feet. It is always eerie to hike in thick
fog, but what I love is the opportunity for a different view of what
is encountered.
The wet spider webs are the best. The dampness limns the lines of
intricate webbing thus making the webs and their inhabitants more
visible as we pass. Legs stretched out in pairs, the orb weaver,
Argiope, with its unusual vertical zigzag band of white silk
trailing, sits in wait for prey. The large female has worked hard for
this opportunity, weaving a large and intricate web to all sides of
her. This is her domain for the moment.
As we climb still higher through the fog shroud, I find myself
thinking about the rights of domain -- both public and private -- and
respect for the rights of both entities.
Access to the trail upon which we are hiking -- Toovet Trail to
Aliso Peak -- has itself recently become the subject of some debate
of private property rights vs. public interest. As I understand the
situation, there is a five-acre parcel of land under private
ownership that abuts the public land that this trail to Aliso Peak
crosses. The property owner wants to now build on his land. Public
interests want access to the public land across his property. The
owner, understandably not wanting the liability or the nuisance of
hikers crossing his land, has hired a trail specialist to find a
better route. At his own cost, the owner has offered to build the
trail thus designed across the public land. Sounds good, right?
Ah, but there is more to it. There always is, isn’t there? There
is a water tank. Water District employees are granted access to the
water tank via an easement road across the private property. A large
gate with a sign warning that this is private property and there
should be no other trespass is clearly posted. Public interests want
the owner to provide recreational easement along this existing,
restricted use road and to pay for maintenance. Some use the argument
that, since the road is there and has been used by hikers for years,
there are prescriptive rights involved. What is it about “Private
Property. No Trespassing” these folks don’t understand? And why would
one want to hike up past a water tank when they could go across a
narrow wilderness trail?
At present, the trail head is a steep climb that passes alongside
the property line. I can see where it does limit access to the
sturdier climber. The trail proposed by the property owner’s expert
is a gradual climb of ten percent, crisscrossing the hillside. There
are already offshoots of trail that show where hikers cross this way
on occasion. Since the property owner has proposed building the trail
at his cost, this seems to be a real win-win situation for all. Yet,
there are those who oppose this and push for a trail across the
privately owned land.
The elevation of desires to being legal rights and asking
government -- local or national -- to intervene smacks of
disrespectful intrusion. If you had worked hard and “spun your own
web” of personal property, would you want government intrusion to
allow just anyone to pass across your property? I think not.
In light of recent Supreme Court rulings on eminent domain, it
seems ever more judicious of all of us to question all rulings
regarding private property rights. These rights have been at the
foundation of our republic since its origination in 1776. Let’s show a little respect for them.
You may attend the Open Space Committee meeting on this trail
issue on Monday, August 8 at 6:30 p.m. at City Hall.
o7* Cherril Doty is a creative life coach and artist, exploring
the mysteries of life as they come. You can reach her by e-mail at
cherril@cherrildoty.com or by calling 949-251-3883
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