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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