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Property owner getting grief for cutting access to bike path


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By Kathryn Reed

A private property sign where one has not existed for at least a decade is causing some unrest on West Way in South Lake Tahoe.

In October, when Paul Lara bought the house that backs to the Pope Meadow he knew a trail skirted the far edge of his property. What he didn’t know is how well used it is. With biking season having arrived, he has found out the hard way.

“When I bought the property I could see there was a spot where people could come through. My intention was never to keep it open. My intention was to close it off,” Lara said.

The Laras' house is on the far side of the trail they blocked off. Photo/Kathryn Reed

The Laras' house is on the far side of the trail they blocked off. Photo/Kathryn Reed

But he doesn’t want to build a fence. One of the appealing things about the parcel is the openness of it.

To stop people from riding on his land Lara has erected a barrier with wood and posted a “Private Property, No Trespassing” sign. But not everyone is thrilled with not being allowed to pedal or walk through the meadow that leads to Pope Beach and onto Camp Richardson. Nor has it stopped everyone.

Lara called South Lake Tahoe police officers to his residence three times last week because of threats from disgruntled trail users.

“It’s amazing the anger coming out of a lot of people. I haven’t accosted anyone. I have been calm. I’m trying to be understanding,” Lara said.

Lara said one irate user threateningly drove a vehicle toward him.

“Technically if people are on his property (even if it’s unfenced), it could be considered trespassing. The fact that it is a well used trail is another issue,” police Lt. David Stevenson said. “If he leaves town and there is no fence, I would think people would use the trail again.”

Lara and his wife are part-time residents. Their jobs as a firefighter and nurse are in the Central Valley. The 51-year-old has been coming here since he was a kid and intends to live in South Lake full time one day.

“I’m up here a lot. I would like to have some privacy,” Lara said. “My main windows point that way.”

A significant number of trail users, including this reporter, come from the Tahoe Keys and Tahoe Island area. It provides a scenic, less crowded route to places off Emerald Bay Road. It also means not dealing with the hordes of people on the paved Pope-Baldwin trail.

Lara said farther up West Way, closer to Highway 89, is a California Tahoe Conservancy lot people have begun to use to reach the meadow.

The distinct trail on his property is closer to his neighbor’s house than his, but his neighbor has a fence. The Laras own a double lot, with the bike path on the far side of the undeveloped lot. They have chairs sitting in the lush grass. They would rather be watching the aspens quake than cyclists fly by.

He also worries about liability issues if someone were to injure themselves on his land. Plus, next to the dirt trail is a shallow gully that still has water in it.

Even if people get used to not using this trail starting from West Way, it doesn’t mean they won’t end up on it coming from the other direction. That’s because the meadow and the property leading to it is U.S. Forest Service land.

Garrett Villanueva, assistant forest engineer, will be taking a look at the problem soon.

“We don’t endorse any trail that goes across private property without the owner’s permission,” Villanueva said. “But we do sympathize with the users and landowner.”

This particular trail through the meadow is unauthorized. Villanueva said closing it and restoring the area could compound the problem.

A potential concern for the Forest Service is if people are leaving the trails near Pope Beach, head across the meadow and then are stuck if Lara and others create a dead-end by preventing people from accessing West Way to get to their final destination.

“As the situation evolves, we will look at the actions we need to take,” Villanueva said.

He is extremely familiar with land use issues like this. Villanueva dealt with the Dundee Circle issue from a few years ago when a new homeowner cut off access to a highly popular mountain bike trail in the Tahoe Mountain area. A Forest Service gate went up, but the owner also eventually sold her place.

Neighbors at the time brought up the issue of prescriptive easements. These easements on private property are acquired by continued use without permission of the owner. Each state has different rules for how these easements are handled.

Whether that issue would gain traction on West Way remains to be seen.

One thing Villanueva said is with his agency looking at all the bike trails in that area, many changes are likely to be forth coming in the near future for cyclists and pedestrians.

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Comments

Comments (20)
  1. Local says - Posted: June 21, 2010

    An easement should be put in place. That trail has been there for over 20 years. The new owners bought the property knowing the trail is there.

  2. Shirley says - Posted: June 21, 2010

    Just another example of the private property owner no longer having rights to their land.

    Buyer beware and land owner beware.

  3. TAXPAYER says - Posted: June 21, 2010

    Wow why did we spend all of those tax dollars on the designated bike trails if people are to lazy to ride their bikes an extra half a block. Maybe people in Tahoe Keys should enter the meadow from Tahoe Keys.

  4. Julie Threewit says - Posted: June 21, 2010

    Let’s go with the Scotland model and start the “right to roam” movement.

    Can’t we all just get along?!

  5. Steve says - Posted: June 21, 2010

    Unreasonable to deny taxpayers access to the public land they own and have been enjoying for decades, why not build a wooden pathway cover over the drainage gully next to the path. Or remove all those rocks in the gully.

    Don’t count on the Forest Service to take timely, decisive action.

  6. tahoeadvocate says - Posted: June 21, 2010

    There is a developed bike path that should be used. Individual property rights should be honored and their privacy respected. If it isn’t public property, don’t use it.

  7. Environmentalist says - Posted: June 21, 2010

    I believe that meadow is a wildlife sanctuary that no dogs are allowed to be in from may to october because of nesting birds, there are signs all over pope beach parking lot stating this and at the entrance of the meadow. I have seen hundreds of bikes a day in the meadow and about the same amount of dogs. What is up with that?

  8. H2Obored says - Posted: June 21, 2010

    It may be a wildlife area; however there are trails everywhere in sensitive areas in the basin. Right or wrong, cyclists go through the meadow to enjoy the outdoors on a commute or leisure ride. Most cyclists stay on the trail… They are going to build the “greenway” that will funnel people into the Upper Truckee River. This is an area where they are investing tens of millions of dollars in the name of restoration. If the trail has been used for 20 years, then its established and by moving it will only cause more disturbance in another area. I am sure the owner knew there was a trail there and should accommodate for the traffic instead of being a pain in the butt. Maybe somehow a prescriptive easement is in order sine the trail has been there for so long.

  9. careaboutthecommunity says - Posted: June 21, 2010

    Property rights should be honored, it’s really creepy and invasive to have people traipsing through your property.

    This is an issue in many neighborhoods around town, due to so many of us wanting to enjoy the outdoors (a good thing). Many neighborhoods are lucky, in that, they have a Forest Service lot for access. My guess is that within a short distance of most peoples house, there is access, so that one does not need to cut through a neighbors yard.

    Someone, agency or otherwise, should start redirecting the trail.

  10. Wah-Wah says - Posted: June 21, 2010

    With all the forest service green gates ,boulders, put almost at any trail head,this log and round are a joke.

    I talked to S.Stallone(MOVIE STAR) 20 years ago when we were building his house, I asked why he didn’t want a lake shore home……The reason is almost WHAT this story IS ABOUT..TOO MANY FRIGGIN PEOPLE ON YOUR PROPERTY, SO HE BUILT UP ABOVE THE BOULDER CHAIR ON THE VERY TOP TO ESCAPE INTO PRIVACY.

  11. Tom Wendell says - Posted: June 21, 2010

    “When I bought the property I could see there was a spot where people could come through. My intention was never to keep it open. My intention was to close it off,” Lara said.

    “It’s amazing the anger coming out of a lot of people. I haven’t accosted anyone. I have been calm. I’m trying to be understanding,”

    Having made his intentions clear despite knowing about the trail before he bought the property, Mr. Lara should not be surprised at the anger being directed toward him. Did his realtor not tell him how well used this path is and explain the nature of prescriptive easements to him?

    I too sympathise with his desire for some privacy but he clearly saw that there was a well-worn trial there and should have expected some significant push back to his actions from long-time pedestrian and wheeled trail users. My house also backs to a meadow with a creek running through it and in the summer it is heavily used by people…most of whom bring their yapping dogs with the attendant yelling for them, dog fights and poop issues. I would love to not have to listen to this cacophony and not have to negotiate a minefield of dog crap but I grudgingly accepted this condition when I moved in and so should you Mr. Lara.

  12. doubleblack says - Posted: June 21, 2010

    Garrett Villanueva aint no friend of the hiker or biker. Expect him to side with the property owner despite reasonable belief that a prescriptive easement exists. His explanations usually involve lots of mumbo jumbo and nothing substantive.

  13. dogwoman says - Posted: June 21, 2010

    The other property easement issue mentioned in the article went badly. Even though there is an actual forest service ROAD through the property, the woman who bought the parcel prevailed and the public was kept out. Funny thing is, there was never any abuse of the land by hikers or bikers, but the woman put out plastic chairs with No Trespass signs on them which ended up getting thrashed by snowpack and are STILL all over that road in pieces, even though the witch is long gone.

  14. concerned says - Posted: June 21, 2010

    Isn’t anyone concerned that now you have brought this issue to many agencies attention, that you may end up getting many trails in the area closed and access to the meadow closed? Im concerned.

  15. H says - Posted: June 21, 2010

    There’s always Hope valley…….NO ONE ******* AT YOU OUT THERE!

  16. sailer22 says - Posted: June 22, 2010

    I feel sorry for Mr. Lara as he is trying to enjoy his little jewel without everyone walking through his property. Regardless of whether he knew this was a trail that had been used for 20 years or 200 years – its private property and therefore he is entitled to his privacy. I think those people who are angry that this trail is being closed off should put themselves in Mr. Lara’s shoes. Who wants hikers, bikers, dog owners with their dogs (and leaving their poop behind) walking through their property?! Use the trails that were specifically built for that very reason and leave the guy and his wife alone. Come on people – let him enjoy his place. He deserves it – just like you would!

  17. HIker says - Posted: June 22, 2010

    I’m not surprised at the behavior of certain “recreational” bicyclists in this town since I’ve experienced first hand their poor behavior. Over the years I’ve seen too many of Tahoe’s meadows and backwoods damaged by uncaring bicyclists who care little about nature and less about property rights. The bicycle industry has turned places like the Meiss Country and East Shore into giant bicycle amusement parks. Bicycles on sensitive land can, and do, cause as much damage as motorcycles over time.

  18. Alex Campbell says - Posted: June 22, 2010

    Why not have the City Fathers and Mother buy the property in question for $200,000 tax free. Wanna bet the trail hound taxpayers and owner will be happy.

  19. H says - Posted: June 23, 2010

    City Fathers blew their bank roll a long time ago.
    They never done anything responsible for the good of the residents,but this being a tourist attraction might get some bacon grease from the hot frying pan.

  20. technology.tahoe says - Posted: June 23, 2010

    I would fence in the yard. He doesn’t need a tourist or local to ride through and get injured on his property leaving him libel.

    That’s what i did to my property; people were using it as a pathway leaving trash behind and disturbing the area. A nice fence solved that problem real fast.