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The hoist

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Re: The hoist

Postby Zeds Bro on Tue Feb 15, 2022 9:46 pm

"A person claiming prescriptive easement must show that he has used the easement openly, notoriously, continuously for a period of five years, and adversely, meaning the use of the easement is without the consent of the owner of the property."

By the above definition it seems like Zed could close off the road if his property crosses the long ridge road. There hasn't been any "notorious" use of the road, it has all been allowed up til now (but I suppose the 5 year clock is ticking now that it is known that Zed is unhappy with the current use).
This is exactly what was done on the south coast of Big Sur when someone put up a gate on Plaskett Ridge Rd. All it takes is for one property owner (the one who owns property which crosses the road) to decide that they want to take on the Forest Service. They can put up a nasty gate and make it stick.
Zeds Bro
 

Re: The hoist

Postby Whosbike on Fri Feb 11, 2022 10:11 pm

from 2010:

Turner Creek
Trail Project
Recently, the VWA led an important project in
the northwestern corner of the Ventana
Wilderness. Utilizing grant money secured
from the Monterey Peninsula Regional Park
District (MPRPD), the VWA hired a professional
crew to rehabilitate the Turner Creek trail
April 22-26. This trail links designated
wilderness to regional parklands which in
turn border the Big Sur community on Palo
Colorado Road near “The Hoist.” Long
under-used due to a lack of maintenance,
the Turner Creek trail is now a viable access
route to the spectacular areas above the Little
Sur watershed. VWA members Steve Benoit
and Mike Heard skillfully led the collaborative effort.
A special thanks goes out to Pat
Bailey and the US Forest Service for providing
pack stock support for the hard working and
hungry trail crew. We also would like to thank
the brave American Conservation Experience
(ACE) trail crew for their efforts in removing
huge amounts of poison oak that were
encroaching on the trail.
Whosbike
 

Re: The hoist

Postby notabikeachopper on Fri Feb 11, 2022 10:06 pm

"A person claiming prescriptive easement must show that he has used the easement openly, notoriously, continuously for a period of five years, and adversely, meaning the use of the easement is without the consent of the owner of the property."

There is no reason for a written easement with any current owners along the road.
It has been more than 5 years, this is a real old trail with established trail camps and before the road to botchers was cut for the boy scout camp was probably used as entry to the forest and the double cone fire tower....no one is going out to steal your pot that we can all see on Google Earth...
notabikeachopper
 

Re: The hoist

Postby a dark watcher on Fri Feb 11, 2022 6:46 pm

As a legal reminder, no one can be legally restrained, i.e. held against their will, by another for trespassing (if it indeed the case, which raises a host of other questions) since trespassing is a misdemeanor - such restraint would be "illegal imprisonment", a misdemeanor unless violence is used, then can be felony. Only a legally designated person (e.g. police) can perform such restraint. The infamous 'citizen arrest' applies only when a felony is committed.

If there is such encounter, I'd advise one to keep on moving.
a dark watcher
 
Posts: 4
Joined: Thu Apr 24, 2014 11:41 am

Re: The hoist

Postby Partridge on Fri Feb 11, 2022 10:45 am

The status of the Ventana wilderness and the "Monterey Ranger District" which includes it is here:
https://www.fs.usda.gov/detail/lpnf/ale ... rdb5347980

Is there really a need to call anyone ?
That USFS site refers to "bigsurtrailmap.net" for a trail status map.
Fires are legal anywhere in the National forest with a permit.
The only things closed in the national forest are some roads on the south coast, and some camping areas on those roads and a few trails near Arroyo Seco. There is no comment related to access from the palo colorado rd. Proceeding towards Bottchers from the Hoist there is a fence which is easily walked around. At this fence there is a sign which says "Closed to Motor Vehicles". It would seem to be open to walk the Palo road to access either Bottchers gap and/or the trails which pass through the Pico Blanco Boy scout area. Walking the trail from Bottchers toward Devil's peak is not impossible but it would take a large effort to do so as the brush is thick. Walking the old firebreak from Bottchers toward Devil's Peak would be less difficult but still not worth doing, so the best option is walking up the 1200 vertical ft up Long Ridge to get to the start of the Turner creek trail. If someone gets turned back along the Long Ridge Rd by Zed (and the police) then this thing can get resolved in the courts, until then it seems to be open for walking.
Partridge
 

Re: The hoist

Postby QEU on Thu Feb 10, 2022 4:08 pm

Who is responsible for this project and why hasn't there been steady progress? or an alternative? I believe there was insufficient funding that halted the work... but since the pandemic, there seem to be funds available for improvements everywhere I turned (neighborhood parks, schools, public roads, etc). This project has been snagged for the longest and unless the general public does something about it, expect the road closure to continue well beyond 2030.
QEU
 
Posts: 8
Joined: Tue Apr 28, 2009 1:30 pm

Re: The hoist

Postby Zed on Mon Feb 07, 2022 11:24 pm

Please contact Fin Eifert @ 831-385-5434 his office will be able to field any and all questions regarding back country access through private property. Please be responsible and respectful of the information you’re putting out to the public.
The fact that blocks of backcountry are opened at a time doesn’t mean there are resources to maintain and patrol specific trails.
Zed
 

Re: The hoist

Postby guest on Mon Feb 07, 2022 9:55 pm

The Ventana Wilderness is open to backcountry recreation. The Ventana Wilderness Alliance trail crews have spent many many hours clearing trails so people can enjoy it. The trailheads at Botcher's Gap and Los Padres Dam are closed due to road/trail maintenance problems, but the backcountry is open, why would it be closed? The Turner Creek trail is open to the public. It is, in fact, the only access to the Northern Ventana Wilderness trails right now. Respectful, responsible hikers have every right to walk Long Ridge road to reach this trail head.
https://www.fs.usda.gov/recarea/lpnf/re ... ecid=10965
guest
 

Re: The hoist

Postby ZED on Mon Feb 07, 2022 2:21 pm

Contact Fin Eifert @ 831-385-5434 his office will be able to field any and all questions regarding back country access through private property. The “understanding” has been at the graciousness of us, the residents. Any permission expressly granted, if it’s parking, access or what have you, creates liability for the landowner if and when something goes wrong. You are liable for emergency evacuation costs, your home owners policy is liable for fire damage.
Unfortunately we are experiencing a completely different caliber of backpacking enthusiasts in the last 16 years here. And they have ruined the experience for the rest of you who look for information.
It to mention, if you do your research and due diligence, the back county itself is still closed.
ZED
 

Re: The hoist

Postby ven on Sun Feb 06, 2022 3:46 pm

I've lived on long ridge for 30 years and its always been understood that there is an easement for foot traffic to reach the trail head to Turner Creek. Everyone up there knows this.
ven
 

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