Enough nails?

One of the Cadjews' signs at the boulder barricade.

 

Below are the records from the Nevada County Recorder's Office showing the sale/transfer of the chunk of land that surrounds the old road for about one mile west of Old Highway Drive, Donner Lake.

 

 

 

 

 

Below are the portions of this Historic Donner Trail Committee website which related to our fight to keep this road open to the public:

 

Welcome to "The Donner Trail"

 

Here, you'll find information, including hiking tips, along with historical photos and maps of this road and the Donner Lake area (click on the buttons above).

But hiking and history are not the main purpose of this website. Since 2005, we've worked to ensure that politicians do not give this historic road to the surrounding landowners, and to ensure that the public is free to use this public road without intimidation or threats of violence from the surrounding landowners, Frank and Julie Cadjew.

You may be thinking "Surely law enforcement would step in." But like movies depicting good-ole-boys of the Old South, this one loud-mouthed bully, Frank Cadjew, has turned local government agencies, law enforcement, and non-profit organizations into his obedient subjects by shouting fraudulent and absurd claims of ownership of the road. Apparently, no proof of these claims is needed by the many pathetically weak and/or corrupt officials whose highest priority is not upsetting Frank and Julie Cadjew.

But not us. We have the documents, the laws, and the support of the public and many historic organizations. We've exposed and stopped corrupt local politicians, (and their lackeys) who are attempting to steal our historic public road and give it to the Cadjews. At the top of that list is Nevada County Supervisor Ted Owens. Then Truckee Councilperson Barbara Green, and US Forest Service Ranger Joanne Roubique. Since 2005, two other local politicians once on this list have been voted out of office, Nevada County Supervisor John Spencer and Truckee Councilperson Josh Susman. Six others have quit their positions.

During all these years, the Cadjews have failed to establish their fraudulent and absurd claims of ownership of the road in court. They could have filed some ludicrous lawsuit against Nevada and Placer Counties and the State of California (and lost) but they never have--they simply threaten and intimidate the public. More details below.

  

                              

A Quick History Guide...

 

Historians agree that most of this trail was first an Indian route (petroglyphs can be seen alongside the road near the summit), then used by the early pioneers including the Donner Party (snow forced them to turn around "two miles east of the summit" although the survivors left for Sacramento using this route; that point two miles east of the summit is on the portion of the trail that is today being blocked).

Then in 1863, the same route became the much improved and costly "Dutch Flat and Donner Lake Wagon Road" built by Leland Stanford, Charles Crocker, Mark Hopkins, and Collis Huntington for the construction of their railroad (view article). The wagon road played a major role in the railroad's construction. During 1866, four locomotives were hauled into Truckee over the wagon road. They were used for the construction of the rails eastward from Truckee, while the summit tunnel was still under construction. In 1871, when the Central Pacific RR no longer needed the DFDLWR, the CPRR “deeded back” the road to Nevada & Placer counties.

On March 13, 1909, the California State Legislature passed "An act to make an appropriation for the location, survey, and construction of a state highway from Emigrant Gap, Placer County in an easterly direction through what is known as the Truckee Pass to the west end of Donner Lake in Nevada County... and it shall be the duty of the department to locate, survey, and construct said road along the line of the wagon road known as the Dutch Flat and Donner Lake Wagon Road..." (view)

So beginning in 1909, the road was a California state highway, first called the Emigrant Gap State Highway, then the Auburn-McKinney's State Highway, and after 1918, State Highway 37. (McKinney's was just south of Homewood at Lake Tahoe). The road was never paved, always a gravel road, as were most highways until the 1930s. Beginning in 1913, the road became part of the first transcontinental highway known as the Lincoln Highway, and it was also part of the Victory Highway.

After the new and parallel Highway 40 opened in 1926, Caltrans decided that this old public highway could be used as a "stock trail" to keep livestock off of the new highway. In those days and up into the 1950s, livestock was herded along highways to greener pastures, but often caused car accidents. Throughout the state, as new highways were being built, any old parallel highways were designated as "stock trails." This designation did not restrict the road's use to only livestock, but simply added a new public use. In fact, USGS maps continued to label (and still do) the old road to the summit as “Jeep Trail” or “Emigrant Trail.”

In 1956, the right-of-way of this old California highway from Donner Lake to beyond the summit was "relinquished" by the State of California to Nevada County. However, due to its stock trail status, the right-of-way is still, to this day, under the ultimate control of Caltrans. And in 2006, Caltrans re-stated its interest and control by denying Ted Owens's request to give the road to the Cadjews. It is obviously a public road. It is not an easement, but state/ county-owned land since 1871.  (more here))

This "stock trail" road was openly used by the public for recreation and access for 62 years--from 1926 until 1987, when a 1-mile section of the road was illegally blocked by the Cadjews, new owners of the surrounding land, who purchased over 350 acres from Southern Pacific in 1987. Although a few citizen complaints were made about the blockade over the years, surprisingly, no legal action was taken. In 1992 and again in 2001, at the urging of Truckee resident Milan Wight, the Nevada County Board of Supervisors made a slight attempt to take on the Cadjews, but nothing changed.

In July 2005, we learned that instead of supporting the public regarding this matter, one newly elected County Supervisor, Ted Owens of Truckee, was doing everything he could to have this historic public right-of-way officially abandoned by Nevada County and given to his admitted friend, Frank Cadjew, or as Owens calls him, "Bucky." Ted Owens wants to reward the Cadjews for their 20 years of intimidating, threatening, and blocking the public, including ordering people at gunpoint into a Jeep and driving them to the edge of his property! Frank Cadjew has been heard to tell hikers to call Ted Owens and Truckee Town Councilperson Barbara Green if they want "evidence" that he owns the road. Hilarious. Of course, Cadjew doesn't mention that his wife Julie Cadjew gave Barbara Green $2000 as a "donation" in 2004. And Owens sent fake emails to us in late 2008, pretending to be one Red Fergus and warned us about "secret documents." See all his emails here.

We have succeeded in stopping Owens's giveaway for now, but he still thinks he can pull this scam off and isn't giving up. And the Cadjews continue to get away with their blockade and threats to the public while they freely drive their vehicles on the road.

email Ted Owens (ted.owens@co.nevada.ca.us)

Ask him to show you a document in which the state or the county ever gave the old road to the Cadjews or the previous adjacent landowners, the railroad. If he had such a document, he wouldn't have needed to ask the state to allow the county to abandon it, as he did in 2006, and was told NO by Caltrans. More details below.

 

 

 

Read the outrageous letter that Supervisor Ted Owens and the other lock-step Nevada County Supervisors sent to Caltrans asking for permission to officially abandon the old highway in 2006:  click here   Note: Nevada County is in California

Read another letter from Supervisor Owens pushing his phony arguments, with our responses to each of his lies:  click here      

Click here to read recent letter from a supporter to Ted Owens

Click here to read more comments from our supporters

 

A Truckee Police officer and a Nevada County Sheriff detective (left) talking to Frank and Julie Cadjew at their illegal barricade on July 3, 2006. More details below. Roll mouse over for closeup (allow ActiveX control if asked).

 

 

The Cadjews' 1987 deed from Southern Pacific Development:

"This grant is made subject to all easements, covenants, conditions, reservations, and restrictions of record."

Southern Pacific Development's 1972 deed from Southern Pacific Railroad ("same" company):

"Subject to any and all easements and rights of way in, upon, or across said lands."

Click to view both original deeds

 

 

The Ted Owens "Alternate Trail" SHAM

Part of corrupt Supervisor Ted Owens's attempt to smooth-talk other officials into accepting his giveaway of the old county / state highway to his old friend includes his bizarre plan to build another trail on the Cadjews' land as a trade for our already-built historic road. Never mind that Ted Owens never provided any signed agreement that the Cadjews committed to providing any land, and never mind that the Cadjews object to paying for even an environmental impact report for this fantasy trail, and never mind that the cost of building such a trail would be in the millions, we are just supposed to believe custom homebuilder Ted Owens that this is a realistic and sensible plan. Ted Owens refers to this as the "Alternate Trail Plan." We refer to it as the "Alternate Trail Sham" or the "Trade Our Trail Plan."

 

 

 

 

 

Right, the map that custom homebuilder and Nevada County Supervisor Ted Owens presented at a Board of Supervisors meeting in February 2006 showing his plan to TRADE our historic trail for a new trail, and then give the county land from the old road to his old buddy!

 

 

Now, with help from the new Google Earth program, we have a 3D video that gives a very accurate representation of what their "Alternate trail" would really be like. To click here view, click here
 (It will load in 1 to 2 minutes on a high-speed connection.)


 Google Earth also allows us to determine the exact elevation points of their proposed trail, which make it even more laughable. Keep in mind that the 1909 state highway through this area follows exactly the old Indian trail and is a nice gradual climb throughout the entire route. Here are the elevation points of the Ted Owens proposed trail:
 Elevation:
 5961 - at trailhead on Old Highway Drive, then up a very gradual 86 feet
6047 - take off from original trail at the barricade, then down 30 feet in a steep drop into rocky Summit Creek for a horizontal distance of 200 feet!
6017 - then up 50 feet in a steep climb for a horizontal distance of 324 feet!
6067 - then down 70 feet
5997 - then up 297 feet in 2100 feet horizontal distance!
6294 - then down 24 feet
6270 - then up 3 feet
6373 - then down 22 feet
6351 - then up 126 feet
6477 - then down 30 feet
6444 - then up 57 feet
6501 - then down 67 feet
6434 - then up 20 feet
6454 - back at original trail
As we said before, only warped minds could come up with such an idea. The morons who thought this up also don't seem to notice that over one-third of their new route is in Placer County--and Placer will never go along with this insane plan. (The black horizontal dashed line in the above map is the county boundary).

 

More about the map above:

Only Logical Conclusion: This entire "alternate trail" proposal is a SHAM that the proponents never intend to complete--a game to be played only until the historic road is officially abandoned! 

Despite the obvious insanity of this Trade Our Trail plan, various government hacks are still trying to push this down our throats. In May 2007, (former) Truckee Councilperson Josh Susman (voted out Nov 2008, hopefully due to us) told us that he agreed the goal would be to keep the trail in its historical alignment, but when we brought up the official state survey detailing that alignment, he threw a fit and accused us of backing down on his "deal."  He wrote in an email to us:

"If you want my further involvement you must now convince me of your honesty and sincerity in actually wanting a outcome that truly seeks a solution. A solution that best serves the community as a whole. That you are not merely intent upon perpetuating an unfriendly, sensational situation."

Susman also wrote that he wants a "Win-Win" situation, so that the bullying Cadjews and corrupt Owens can "Win." The "community as a whole" appears to be 100% in support of our position. "Unfriendly" and "sensational" was Frank Cadjew ordering Truckee residents at the point of a gun or chainsaw (according to a judge we've talked to, this is kidnapping with a deadly weapon), and his signs warning the community that they will be attacked by his vicious dogs! Oh, by the way, Susman received a $2000 contribution from the Ted Owens-founded Contractors Association of Truckee Tahoe for his 2004 election.

This seems to be a good place to again point out that another Truckee Councilperson, Barbara Green, received a $2000 contribution from the Cadjews for her 2004 election to that position--a "no-strings-attached" TWO-THOUSAND DOLLAR donation for a small-town council position--that's a huge donation for any office-seeker, from dog-catcher to the presidency! The Cadjews may have felt that Green would continue to fight for the Cadjews as a Truckee councilmember--since she had been doing such a great job "negotiating" with the Cadjews since 1999 regarding the blockaded road. Unfortunately, Green won reelection in Nov 2008--by only 58 votes. Green received only 24% of the vote in 2008 compared to 35% in 2004.

About 800 feet of the blockaded road is within the Truckee Town Limits. The remaining mile is within the County of Nevada. Therefore, we have two agencies to battle. The two governments have a cozy inbred connection, with Ted Owens being a former Truckee councilperson and moving to the Nevada County Board of Supervisors, and Barbara Green being a former Nevada County Supervisor and moving to the Truckee council. And then we recently noticed that Nevada County Supervisor Ted Owens has an office in the Town of Truckee's Town Hall. And the Owens-founded Contractors Association of Truckee Tahoe (CATT) has its office in the Town Hall, with CATT posters in the building permit department!

It may surprise people from larger counties that it only takes a total of 2 to 3 thousand votes to become a Nevada County Supervisor. Not the margin--the total votes. In 2004, only 3181 voters elected this clown Owens who almost succeeded in officially abandoning our historic highway in 2006, and was able to call out law enforcement and Truckee officials to keep the public from using their road in 2006 (see below), and continues to peddle his influence, harass us, and once threatened to sue us.

June 9, 2010 update: Another One Bites The Dust...John Spencer, the self-proclaimed "educated eyes" on the Board of Supervisors is voted OUT. Spencer, a surveyor, surveyed the Creekside Woods subdivision adjacent to the Cadjew property in 2008 while he was a supervisor, and staked out the old road 10 feet narrower than the subdivision map that HE signed off on! Then, after we brought this "mistake" to the attention of the Town of Truckee, he staked it out again--still 4 feet narrower than his map!! Again, his signature is on the subdivision map and his name is on the steel stakes in the ground. Back in 2006, during Nevada County's attempt to abandon the road, Supervisor Spencer didn't like that some of our supporters suggested in the local paper that he may have a financial interest in abandoning the road. In a 2006 supervisors' public meeting, he lectured us like he was some trial judge and stated that we should be "sidelined." Another blowhard bully like Owens. See Spencer's unbelievable 2005 letter to us on the Documents page.

 

 

The proposed area for their "alternate trail"                                                                                               The historic trail as it exists today

 


 

                    Vs.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

July 7, 2008:

 

The Best Hike Yet--From the Summit to Old Highway Drive

Just part of the group of over 30 who made the hike from the summit. Here we are near the end of the hike in front of the illegal barricade.

 

Another successful hike on the Historic Donner Trail (Old Highway 37) was held on Sunday, July 6, 2008. More than 30 people of all ages showed up! We all met at the ski school at the summit on Old Highway 40 for the hike downhill. We located the old summit on the old road by GPS and saw the Stephens Party monument and walked through the 1914 under-railroad tunnel and made our way to the petroglyphs. We hiked the full distance down to the trailhead on Old Highway Drive, taking in the great views and history. No interference for the main group, but later, a trio of hikers that were walking more slowly were confronted by a Cadjew thug who told them that they were on private property. One of the trio told this person that they were on a public road and they had a right to be there. The jerk went away.

 

Thanks to the great people who made the hike! Don't miss the next hike during the Labor Day weekend. Check back for exact date.

 

 

Prior events in chronological order

 

July 4, 2007:
 On July 1, 2007, we held another hike on State Highway 37, also known as the Historic Donner Trail (right).

We had an even better than expected turnout, despite a harassing and threatening letter from the Cadjews'  attorney, Michael R. Kealy of the Reno law firm Parsons Behle & Latimer, to the Donner Lake Property Owners Association just prior to the hike. (view letter here)

Interestingly, Mr. Kealy is not licensed to practice law in California, yet he is representing a party who claims be a California resident against a California association regarding a California road.

After co-chairman Stan read the attorney's letter at the DLPOA annual beach meeting on June 30, he invited any member to join him to hike the trail and witness him being arrested. But unlike last year (see below), neither law enforcement, nor the Cadjews, nor their henchmen, nor Supervisor Ted Owens, were to be seen at the time of the hike.

 

 

 

 

 

 

July 3, 2006:

 

      

 

July 3, 2006, a showing of law enforcement called out by Ted Owens

 

On July 3rd, (2006) as we and several hikers were about to take a pre-announced hike on the trail to the summit, a contingent from the Truckee Police (including Police Chief Berry) and Nevada County Sheriff deputies, including a detective, met us at the trailhead and told us we would be arrested if we hiked on the trail past the Cadjews' barricade. Two or three Town of Truckee officials were also there for some reason.
At one point, Chief Berry suggested that we “talk to Frank Cadjew” who was at his untaxed 10' x 15' storage shack on Donner Pass Road (or as Ted Owens insists on referring to it, Mr. Cadjew's "house" or "residence" or "cabin").

With the OK from Berry, Stan (our co-chairman) then hiked past the barricade another few hundred feet to Cadjew’s building. As Stan walked onto the Cadjews' deck, he was surprised to see none other than Supervisor Ted Owens (right), who appeared to also be surprised to see Stan. Out in the driveway were several government vehicles. Does this sound like the proper activity for a County Supervisor? Not to us.
Owens proceeded to make more of his now-famous outlandish claims, including a claim that our recent plotted survey (based on a 1915 official state survey) is not accurate because it used GPS technology (wonder how often homebuilder Owens uses GPS surveys for his own benefit). Cadjew even claimed that pioneers never used this road!
It was at this meeting that Stan heard Owens say that his push to abandon the old road was over "for now" due to Caltrans' requirement for a CEQA report (see below for more detail).
And Owens made no mention of his ludicrous "alternative" trail sham that he tried to shove down our throats just a few months ago (see below).


So now all Owens has left is to use his position to influence law enforcement to keep the public off the publicly-owned trail! Despite Owens's claims, he has NO LEGAL BASIS to continue this fraud! He has provided not one bit of evidence to support his false claims!
July 3, 2006:
 WE WON! (one battle)
 Nevada County has decided to rescind its formal request to Caltrans to legally abandon the Historic Donner Trail, known to Caltrans as Highway 37. This was told to us by none other than Supervisor Ted Owens on July 3rd.
Apparently, Caltrans' CEQA requirement proved to be too much for Ted Owens. Owens could not ask Nevada County taxpayers to fund the CEQA which had as its goal the removal of a public right-of-way which would benefit a private property owner. The value of the removal of the historic right-of-way  could be worth millions!
However, it is clear that the game-playing by Owens and other politicians is still continuing--we will continue the fight. Check back for details.
Thanks to all our supporters!


 

April 5, 2006

Board of Supervisors Meeting:

Owens tried one more tactic to help the Cadjews by attempting to use Prescriptive Right or Adverse Possession to steal the road from the County. Supervisor John Spencer said he believed that it was a judicial function to prove that a person has established a prescriptive right, not the County's function. The County Counsel should point out that it's not even a judicial function, since statutorily, a prescriptive right or "Adverse Possession" cannot be claimed on government property!

 

March 31, 2006

Our Letter to the Editor published in the Sierra Sun:

 

Moving roads next?

 

In the Sierra Sun article (“Caltrans wants enviro review of trail alternative” March 24) Supervisor Ted Owens, lead promoter of giving our historic public road to a private party, is quoted as saying that he “anticipated” the request by Caltrans for a California Environmental Quality (CEQA) report. This raises the question, why then did he push this through the Board of Supervisors without first completing the CEQA? Was he hoping Caltrans might not notice and just rubber stamp his request?

Owens also appears to be jumping the gun by indicating that the study will be completed soon, however, he has yet to ask the Board of Supervisors for taxpayer funds to pay for this study that will only benefit a private party. The study could easily cost over $100,000 and take over a year to complete with many public hearings.

 

Owens is also quoted as stating that a large section of the historic trail washed away during winter storms and he believes his new trail alignment “is now an even better proposal.” He may have forgotten that in his February letter to Caltrans, Mr. Owens stated the historic trail could not be located. Yet he knows that the historic trail washed away? And Owens fails to mention that his re-alignment is not just a few feet away, but half a mile south of the old trail.

Owens also claims the new trail alignment will “keep the trail from passing next to the property owner’s cabin.” Owens apparently feels the county should inject itself into how close the 150 year-old historic trail is to the owner’s 10-foot by 15-foot, untaxed “micro-cabin” located within Truckee (in his letter to Caltrans, Owens calls this the property owner’s "house”). Apparently, Owens will help any Nevada County homeowner who would like a public road moved away from their house. Interestingly, the “cabin” is much closer to Donner Pass Road than the historic trail. Will Owens next try to have Donner Pass Road moved to make the owner even more happy?

Rick Martel, Co-chairman
Historic Donner Trail Committee
 

 

March 24, 2006

Sierra Sun article:

Caltrans wants enviro review of trail alternative
 15-year fight over Donner Summit path access continues
 By David Bunker
 Caltrans is asking that Nevada County perform an initial environmental review before abandoning a historic stock trail that runs from Donner Lake to Donner Summit.
Backers of allowing full public access on the stock trail, which corresponds with the Dutch Flat Wagon Road route and old Highway 37, were pleased with Caltrans’ request. They hope the environmental review will lead to the preservation of the old road and open public access for recreational uses.
The stock trail has been at the center of a controversy over public recreational access across private land for nearly 15 years. While a group of Donner Lake homeowners insist the public has a right to use the trail, the property owner and Nevada County staff say the old stock trail right-of-way can be used only for the transportation of livestock.
"We are very glad to hear that Caltrans agrees that this road is a valuable historical resource and they are requiring a [California Environmental Quality Act] study before any abandonment hearing,” said Rick Martel, who is part of the Historic Donner Trail Committee, based in Stockton, Calif., which is pushing for the trail’s preservation.
Caltrans is asking for the environmental review because of the historic nature of the trail.
Nevada County District 5 Supervisor Ted Owens, who brought the issue before the county board and backs an alternative trail through the same piece of private property, said the request by Caltrans was expected.
“The initial study is in no way a road block,” Owens said. “It was anticipated.”

Why then didn't you complete it before asking Caltrans for permission?
 Owens said the issue will likely be on hold until the snow melts and the research for an initial study can be completed.  

Will you make the taxpayers pay for this, Owens?
 A large section of the trail washed away during winter storms, said Owens,

Nonsense--and we'll prove it
 and he believes his trail alternative, backed by the Truckee Trails Foundation

funded by Owens's Contractors Association
is now an even better proposal.

Of course you do.
 The new trail alignment will bypass the portion of the trail that was damaged by winter storms, keeping the trail from passing next to the property owner’s cabin, Owens said. It will then tie back into the stock trail as it gains elevation.

Look at Owens's proposed alternate trail map above--it "bypasses" the old trial by a mile! And Cadjew doesn't live in or pay taxes on his tiny shed.
 

 

March 21, 2006:

"Ya, what if we say that due to the December storm, the road no longer exists! Great idea! I can announce it at the next Board meeting."
 (headline is imaginary; the following quotes from the March 21st Board of Supervisors meeting are real)
Ted Owens: “I did meet with the Truckee Historical Society on the stock trail issue. That’s going to go away for awhile, it appears.”

In your dreams Owens. What does the Historical Society have to do with the trail issue? And how could anything they say have you think it would "go away for awhile?" Unless of course, you were coercing them to support you.

Ted Owens: “We did have, on the 15th, believe it or not, another stock trail meeting*, where I learned that, one of the interesting things I would like to talk to you about Mr. Shulman, is approximately 2000, maybe 2500 feet of the old road, contested as to whether it was the stock trail or not, was wiped out in the storm event of December, so that will total somewhere in the neighborhood of 3500 feet of no road, that no longer exists. So we’ll be talking about that.”
 (above quote is word-for-word, just as the articulate Owens said it; no typos)
Mr. Shulman is the county counsel Robert Shulman; Nevada County's legal advisor. But why in the world would Owens want to talk to the county counsel about the road being "wiped out" in a winter storm? Maybe like this: Ted Owens: "How does this sound Bob--if we say the road no longer exists, then can we say that the county no longer owns it? And then can we say that the Cadjews own the area where the disappearing road used to be?"

(3500 feet is 2/3 of a mile!)

 "Road no longer exists." Hmmm. Does homebuilder Ted Owens mean the topsoil for 2/3 of a mile washed away? Or did 2/3 of a mile of the road vanish? Wonder what Owens will say when we see that 2/3 of a mile of the road hasn’t ceased to exist? And notice how he first knows where the "old road" is, since he knows 3500 feet of it was "wiped out," yet he makes sure he qualifies that by saying "contested as to whether it was the stock trail or not."

Read more about this above.

* On this day, Owens reported on 8 meetings he had had in the past few weeks, and for 7 of the 8 meetings he mentioned the names of each group or individual he met with. But not this second stock trail meeting where he "learned" such amazing facts about a road disappearing--the same public road he wants to give to the Cadjews.
Supervisor Owens's statements here and elsewhere make very clear that he will stop at nothing in his attempt to benefit a private party at the public's expense.

March 12, 2006:
 Great News--Caltrans Puts Up Roadblock to the Owens Giveaway Plan!
 Caltrans is now requiring a CEQA initial report to be completed prior to any abandonment hearing "due to the potential historical significance of the trail." Will Owens try to have Nevada County taxpayers pay for this CEQA report so that one private party will benefit?         
(California Environmental Quality Act)

 

Below is a portion of the letter to Nevada County:
 

 

 

February 27, 2006:

Posting on Russell Towle's blog:

 

Blocked Trail at Donner Lake

Over a period of some fifteen years, a portion of the Dutch Flat Donner Lake Wagon Road, in use as a foot trail, has been blocked, where it enters the property of one Frank Cadjew, between Donner Lake and Donner Pass. Recently I read in the Grass Valley Union that two of the Nevada County Supervisors favored abandoning the public easement on the old road, and relocating the "stock trail" (for that is how it was described). I wrote a letter to the Union, suggesting that the trail, in its historic alignment, be left open. Then, a man named Rick Martel, who is involved in the fight to keep this historic trail open, asked me to write a letter for the Sierra Sun.
Which follows.

 

Remove the barricades (Published March 3, 2006 in the Sierra Sun)

 

With regard to Supervisor Ted Owens’ “‘Whoa’ on the stock trail,” (Sierra Sun Feb. 24) I am pleased that he values historical integrity. This “stock trail” is also the historic Dutch Flat Donner Lake Wagon Road, dating to 1864. Several of the first businesses at Donner Lake and Truckee were owned by Dutch Flat folk, including my relatives, the Towle brothers, who sawed lumber for the CPRR snowsheds.

Almost all the historic public trails in this part of the Sierra saw plenty of sheep and cattle; but there was much recreational use as well, from the Gold Rush forward. Think of author Alonzo Delano and actress Lola Montez visiting the local high country in 1853. Think of painter Gilbert Munger, on the North Fork of the American River below Old Soda Springs in 1872.

A wonderful network of trails existed here — trails and old wagon roads — before the Tahoe National Forest came into existence in 1905. Naturally, these old trails became Forest Service trails and were patrolled and maintained by forest rangers.

Unfortunately, unrestrained timber harvests have ruined many of these historic trails. Others have been gated closed or blocked in some way, or blazoned with “no trespassing” signs.

At the bottom line, we have done a terrible job of preserving the fine old trails bequeathed to us by our parents and grandparents. It is a terrible, terrible thing to lose public trails, to lose The Commons and our access to The Commons!

What about the Big Granite Trail? What about the Sugar Pine Point Trail? The Big Valley Trail, Mears Meadow Trail, Monumental Creek Trail, Big Bend-Devils Peak Trail, Long Valley Trail?

Ruined, ruined, ruined, ruined.

I do not know all the facts in this Donner Lake case, but I would beg the property owner to remove his signs and barricades, and accept, please accept, that his property is encumbered with an historic public trail — the Dutch Flat Donner Lake Wagon Road.

Russell Towle

Dutch Flat

 

March 24, 2009:  Sad news: I just learned that Russell died last August 8, 2008 in an auto accident on the Yolo Causeway. We had exchanged emails and talked on the phone several times since early 2006. Russell would send me emails with much detail about the history of this road, always encouraging my effort to keep this road public. I had always expected that one of these days we would meet up for a hike on this Donner Trail / DFDLWR. He was a one-in-a-million expert on all things Sierra, including trails. He was also an excellent writer, and produced a wonderful blog which is still available for everyone to enjoy and learn from at http://northforktrails.blogspot.com/. Here is an example of his writing and knowledge, which he wrote just 5 days before he died:

"It was interesting to see, scant weeks since the area had burned, that many of the bushes and small Black Oaks were stump-sprouting, fresh green foliage pushing up through the grey ashes from the roots and burls below. The Bush Chinquapin seemed the most eager to sprout, while the burled Green Manzanita more rarely showed new growth. All in all, maybe one bush in one hundred is already showing new growth sprouting from the roots.
It was also interesting to see an occasional ant. And I saw some few footprints from deer. As I scouted back and forth on the blackened brushy slope, I began to see that the inimitable California Ground Squirrel had at least sometimes survived the inferno, and fresh dirt was piled outside their burrows, every two hundred yards or so."

Also, http://rememberingrusselltowle.blogspot.com/ has many tributes to Russell.

----Rick Martel

 

Feb. 24, 2006:
 Will the lies ever end?

Here is Nevada County Supervisor and homebuilder Ted Owen's column published in the Sierra Sun on Feb 23, 2006, in response to our co-chairman Rick Martel's My Turn column a week earlier:

(Our response is in blue)
 

My Turn: 'Whoa' on the stock trail
by Ted Owens


 The "stock trail" has been getting a good deal of ink lately even though the acrimony and finger pointing has been going on for more than 15 years without result. It is clearly an issue worthy of discussion in a public hearing by the Nevada County Board of Supervisors, where all interested can participate in the discussion and solution.
The author of "Red Herrings on the Historic Trail" (My Turn column Sierra Sun Feb. 22) wishes to avoid such a hearing and attempts to present to you, my fellow citizens of Truckee, what my positions are on the matter. The writer, "Co-chairman of the Historic Donner Trail Committee," located in Stockton, Calif., according to his letterhead, has not discussed with me my findings, thoughts or position on specifics. He must be a mind-reader or know someone in my gym. I intend to save those for the public hearing.
 "On second thought, I'll just give my thoughts and positions right now in this column."
Owens accuses "the author" (Rick Martel) of wanting to “avoid a hearing where all interested can participate…” Here is the official notice for the February 14th Board of Supervisors meeting--see how much Owens wanted public participation:

 

“Nevada County Supervisor Ted Owens will be bringing the attached agenda item to the Board on Tuesday, February 14, 2006 requesting permission from Caltrans to vacate the stock trail easement across Mr. Frank Cadjew's property…Caltrans' permission is needed before the county can initiate a vacation process. Board discussion on Feb. 14 will not include public testimony and debate.”

Only after we complained, were we allowed 3 minutes to speak.
Owens makes clear he doesn’t want debate on this matter.
Owens makes clear he wants to vacate the trail easement.
Owens makes clear he in the letter he sent to Caltrans that he has already made his decision, with 10 reasons supporting the abandonment and none against. And of his 10 reasons, four continue the sham argument that there is no legal location of the road.
Owens's "public hearing" is only to decide where to put the "tentatively agreed to" alternate trail--his letter to Caltrans makes this clear.

Read the letter Owens and the other Board members sent to Caltrans -- click here


 Owens's article continues:

However, let me offer a few foundational points on the issue. The writer has claimed that Leigh Fitzpatrick of the Truckee Trails Foundation and I are intent upon two things; "taking" a historic trail and "taking" general access away from the public and gift them to a property owner.
Actually, it is the opposite. Mr. Fitzpatrick and I have endeavored to meet the needs of the property owner, trail enthusiasts, and address the historical integrity we all value. Besides, we cannot "take" that which we do not "have".
 The biggest load of BS--The County of Nevada DOES "have" the trail--why would you, Owens, need to ask Caltrans to abandon it if the county didn't "have" it?
 The historic trail - physically every rock, sage and tree - are already Mr. Cadjew's property. The easement, designated as a "Stock Trail", as the Sierra Sun editorial ("'Over our dead bodies' isn't a negotiating point" Sierra Sun Feb. 15) accurately pointed out, was for the limited purpose of driving untethered stock. It is not unlike a public utility easement many of us have on our rightfully owned property here in Truckee - the use is limited and specific.
 It is very much unlike a public utility easement! First, it is NOT an easement. Second, Owens is continuing his made-up claim that the trail “was for the limited purpose of driving untethered stock” and therefore it is legally off-limits to the public, while he again refuses to provide evidence for his claim--because he has none! There is no law restricting public use of stock trails. Owens is flat-out LYING when he says otherwise.
Again, we need to point out that Owens is attempting to seriously weaken or eliminate the property rights of all easement holders with his outrageous actions in this matter. That issue is moot regarding the old road, since it is not an easement.
 Yet we have a property owner working in a collaborative and generous manner within our community to meet the most needs for the most people. In true Truckee fashion, he deserves this public hearing.

What is Truckee fashion? Sounds more like Hazzard County, Georgia and Boss Hogg fashion.

So who is the property owner anyway? I'm tired of referring to him that way.

Is someone forcing you to write "property owner?" What a clown.

He is Frank Cadjew, called "Bucky" by his friends. His wife is Julie, but I just call her Mrs. Cadjew. Lifetime Truckee resident Ron Borden ran into me recently and told me "Bucky" got the nickname in elementary school, which back then was today's Truckee Community Center in town. Bucky was raised in Truckee by his grandmother, and still owns the house he grew up in on High Street. He has a strong and personal attachment to his land at Donner Lake, and is above all, more "local" than many of us have an opportunity of becoming.
 Here, Owens makes clear he has added a new role for himself to the role of legal advocate for Mr. Cadjew--Owens is now the public relations spin doctor for Mr. Cadjew. His silly portrayal of Mr. Cadjew as a generous, true “local” is a bit hard for us to stomach, since for 18 years, Mr. Cadjew has kept Truckee locals from enjoying their public trail by piling up boulders in the trailway and posting signs warning Truckee locals of his “Rottweiler Guard Dogs Ahead” (and the implied violent attack by the dogs). Add to that the many first-hand accounts of a rifle-bearing Mr. Cadjew and his henchmen ordering Truckee locals off their public trail.
No, we don’t need to be mind-readers Mr. Owens, you’ve made your “position” perfectly clear.
Those of us who wish to preserve this historic trail (and many of us are locals) never thought we’d see the day that our trail would be in imminent danger of being lost forever. What is even more shocking is to see that the lead proponent of giving our trail to a private individual is a politician and a "fellow citizen of Truckee."
 Let's get it all out at the hearing. That's the ball field I was elected to play on, not the newspapers.
 So Owens prefers to “play” in his “hearings” rather than the newspapers. We can see why.
 

 

Feb 21, 2006

Sierra Sun "My Turn" article:

Red herrings on the historic trail

By Rick Martel

 

"Red Herring: A fallacy that introduces an irrelevant issue to divert attention from the subject under discussion, often used by politicians when they field questions from the public or press."


The Sierra Sun editorial (“‘Over our dead bodies' isn't a negotiating point” Sierra Sun Feb. 17) concludes that Supervisor Ted Owens’ alternate trail plan is a reasonable compromise since the trail was only meant for livestock movement. This argument has no basis in law or the facts.

We have located Caltrans documents dating back to the 1930s that prove all stock trails were used for recreation and other public uses. More importantly, there is no California law restricting the use of stock trails to only livestock movement. Owens, et al, may imply there is such a law, but none exists and never has.

Owens, Truckee Trails director Leigh Fitzpatrick, and property owner Frank Cadjew have also failed on their other central (and diversionary) argument — that Nevada County cannot enforce legal access to the trail since the trail cannot be legally located. I recently found the very complete and detailed 1915 State survey fieldbook for the road, which has now been professionally plotted. Makes you wonder how hard they looked for this record since it took me only three hours to find it in Sacramento.

Of course, they’ll bring up the property rights argument. Another red herring. We do not want any land to be taken from Mr. Cadjew and we do not want any new easement from Mr. Cadjew. We do want to use our public right-of-way as we did for decades before Mr. Cadjew bought the property. He hasn’t created any new rights for himself by putting up the blockade and threatening the public since 1987, and the public has not lost any rights by his actions.

Owens and the others are attempting to seriously weaken the property rights of all easement holders. A question to those who have easement rights to access your property: would you simply sit back and allow a governmental body give your easement to the landowner? Owens's "easement" argument is moot since the road has always been owned outright by the railroad, then the county, then the state, then the county.

Finally, why would Mr. Cadjew make his offer of an alternate trail easement through the steep rocky outback of his property if he had the right to keep the public off the historic road?

If common sense doesn’t prevail in this matter, the legal facts will. Our side has the law and facts; their side has no legal or factual basis for their claims — just a not-so-slick sleight-of-hand show. We’re confident that any vote by the board of supervisors and/or the Truckee Town Council to abandon the public’s historic trail right-of-way will be easily and quickly shot down in court. Hopefully, common sense will prevail and there will be no vote to abandon the road.

Rick Martel is co-chairman of the Historic Donner Trail Committee.

 

 

Feb 15, 2006

Letter to the Editor published in the Grass Valley Union: 

 

Keep trail open

By Russell Towle

 

In last Saturday's article about a trail dispute near Donner Lake, Nevada County supervisors Ted Owens and John Spencer are said to support the abandonment of the easement, so that private property can reign supreme, while We the People can "go take a hike" - somewhere else.

This so-called "stock trail" is the Dutch Flat Donner Lake Wagon Road. It was built as a toll road serving the mines of Virginia City, during the Civil War, but after completion of the Central Pacific Railroad, in 1869, it was given to Placer and Nevada counties by Leland Stanford and Charles Crocker.

It is one of the most historic roads in all California, not to put too fine a point on the thing.

It has been a public road since 1869, and is the direct predecessor of the Lincoln Highway, Highway 40, and today's I-80.

It must remain open to the public, and the "no trespassing" signs and boulders removed.

Russell Towle
Dutch Flat

 

 
 Feb. 15, 2005:
 Representing Private Interests
 The Nevada County Supervisors voted Tuesday, February 14, to send a letter to Caltrans asking for permission to abandon our historic trail, officially known as State Highway 37/Lincoln Highway. Despite comments from many members of the public unanimously opposing the sending of Ted Owens's letter, and despite the display of over 250 signed petitions from our supporters, and despite being told that their claim that the trail cannot be legally located is FALSE, they just went ahead with their plans to give this public right-of-way to a private party.

SO WE ASK, Supervisor and homebuilder Owens and Supervisor and land surveyor Spencer:----Why are you working so hard to give away the public's property to a private individual?!
Why do you ignore facts that dispute your claims when those facts benefit the public's interest while you continue to put out false and misleading statements when they benefit Mr. Cadjew? Your actions during all this are highly unusual and very suspicious!

Even more suspicious than when you, Mr. Spencer, came to OUR meeting in October of 2004 claiming you were interested in helping us do the needed trail survey, one month before your election. A year later, before ANY action by Mr. Cadjew against the County, you write on County letterhead that you will suggest that Mr. Cadjew ask for an abandonment and that you are betting on Mr. Cadjew to win "in court." (Click here to see Spencer's letter).
 

Here's a news flash, Owens and Spencer: Mr. Cadjew is not your client! Mr. Cadjew can hire his own attorney to battle the county or the state. Your actions fly in the face of the law, all logic, and your duties to protect the public from attempts to take public property!


This matter could have been easily dealt with at any time, including at this week's Board meeting, by allowing law enforcement to do its job as it would with any other lawbreaker. But no, Owens and Spencer initiate action on behalf of this private individual and refuse to consider opposition by the vast majority of the public. Last year, Owens and the others in Cadjew's camp even opposed conducting a survey on Cadjew's property to correctly locate the historic road! The historic road  they claim cannot be located yet will be available for once-a-year hikes! (We have a legal survey from 1915 California State survey data).

To our supporters:
We will be following up with Caltrans if this matter gets that far and convince them to not permit Nevada County to abandon the trail. We are happy to say that, due to all the recent publicity, as of today, February 15, we have new support, including the Oregon-California Trail Association and two other major national historic agencies.
One benefit of this meeting on Tuesday was that we finally got to see their proposed alternate trail route, originally promoted 3 years ago by former NC Supervisor and now Truckee Councilmember, Barbara Green (she the recipient of a $2000 campaign contribution from the Cadjews in 2004).
 Above is the map provided by Owens at the Board of Supervisors meeting... This obscene proposed alternate trail through very rough terrain is the result of warped minds working together:

 

Feb. 14, 2006

Sierra Sun article:

Users of historic trail balk at compromise

By David Bunker

 

A sign on Frank and Julie Cadjew's property

warns hikers who use the trail to keep out.

 

Courtesy photo A sign on Frank and Julie Cadjew's property warns hikers who use the trail to keep out.Courtesy photo A sign on Frank and Julie Cadjew's property warns hikers who use the trail to keep out. Enlarge

 

A simmering dispute over a historic trail across private land near the western shore of Donner Lake will stew a little longer.

The Nevada County Board of Supervisors voted Tuesday to explore solutions to the impasse that is pitting a land owner against homeowners around Donner Lake. (Not accurate reporting: The Board voted to ask Caltrans to hold a hearing to approve the Board's request to abandon the road; the Board had found its solution.

The owners of the (surrounding) property, Frank and Julie Cadjew, said the easement across their land for what was a stock trail to move cattle has no legal description. Furthermore, they said the path of the trail is now unclear and obscured. "Nobody knows where it goes," said Frank Cadjew. "I don't even know." Cadjew said that hikers often end up walking a dirt road he has built on his property. (Solution: signs)

But some Donner Lake neighbors, who have had confrontations with the Cadjews while trying to use the trail, argue that the county will be abandoning history and giving away public access if it trades the historic easement for a new trail alignment on the other side of the Cadjews' property.

 

"We're not about to be backing down," said Rick Martel, a member of the Historic Donner Trail Committee, in an earlier interview. "Over our dead bodies will this trail be given to Mr. Cadjew."

District V Supervisor Ted Owens said he hopes an agreement between the property owner, Nevada County and the Truckee Trails Foundation can lead to the new recreation trail that will link Donner Lake to Donner Summit and allow an annual history hike on the trail. In exchange the county would abandon the stock trail easement, which skirts the Cadjews' cabin.

For that to happen, however, the county will ask Caltrans permission to abandon the trail easement, which the county has held since 1955. The action will bring the matter to a full public hearing before Caltrans, and then the county board, before a decision is made. Why Caltrans permission? Because it's a California State Highway--yet Owens wants us to believe that this road is private property! One which the public has no right to use!

Owens said that an agreement for a new trail would benefit the public since the old stock trail, which was the route of the Lincoln Highway and an early wagon road, is not a legal recreation trail. "Using the trail as a hiking trail, a mountain biking trail, a picnicking trail - none of those rights exist today," said Owens in an earlier interview. "The trail has a single purpose, which is to transport stock." (An absolute lie--Owens has nothing to back this up)
 

Still, the Donner Lake neighbors were supported by Lincoln Highway Association members at Tuesday's supervisors meeting in Nevada City, and the Donner Lake Property Owners Association have supported making the trail public. The trail committee has raised enough money to do survey work along the trail, and the results show that the trail that is used today closely matches the Lincoln Highway route and the old wagon road, according to Martel.

"We owe Mr. Cadjew nothing but to advise hikers to stay off his private property and on the marked trail," Milan Wight, a longtime activist for having the trail public, said at Tuesday's meeting.

Some Donner Lake homeowners owners have lobbied the county to force the Cadjews to remove boulders placed at the trail's entrance that block vehicles.

Martel said his group will accept no compromise. They want the historic trail marked out and opened as a public recreation trail.

But Leigh Fitzpatrick, executive director of the Truckee Trails Foundation, said the proposed new easement could turn into a beautiful section of trail. The Cadjews have tentatively agreed to donate the trail easement and allow an annual history hike. "We were really blown away with how beautiful it was," said Fitzpatrick, who walked the potential new trail twice last year. "It really offers some stellar views of Donner Lake and the Donner Summit area," The Truckee Trails Foundation stepped into the situation to help broker a deal, since the dispute did not seem to be moving forward. "The approach to this point has been a lot of finger-pointing," Fitzpatrick said.

The Truckee Donner Historical Society and the Truckee Town Council have also expressed support for the a compromise trail agreement. Although Truckee Donner Historical Society President Gordon Richards said he would like to see the historic route become the established trail, the new trail and an annual guided history hike on the old trail may be the only viable solution at this point to the dispute. "The historic route is absolutely historic," Richards said. "It boils down to the legal issue of the definition of a stock trail ... we support having a public hearing on the issue." (prior to this statement, Richards had rejected our request asking for his public support and told us he and the Historical Society supported Owens!).

 

 

October 2005

Our first message on this website
 Our most important project at this time is to stop the Nevada County Board of Supervisors from “abandoning” (the official term) the trail right-of-way. This means they would actually give away the rights to the right-of-way from Nevada County to a private party! If this is done, the trail will be lost forever.

In his letter of June 6, 1992 regarding Mr. Cadjew (the party blocking the public trail), Mr. G. B. Tucker, then Nevada County Supervisor (one with more educated eyes than some on the current board), documented the transfer of this road from the State of California to Nevada County. Mr.Tucker wrote, “After considerable background research and case review, it is concluded that public access could not be legally denied.” He further noted that Mr. Cadjew was given notice to remove the blockage and any other obstruction to the access or legal action would be taken.

This was over 13 years ago! Mr. Cadjew STILL has no legal right whatsoever to block access to the trail right-of-way. The trail is there where it always has been, and there is no need at all to negotiate with Mr. Cadjew for an alternate route or anything else. Such a compromise would invalidate the historic integrity of the original trail and would be completely unacceptable. If such a backroom deal were struck, the trail would lose its historic importance forever, and there would be no turning back. It would simply be gone to future generations who would want to walk the real path of California's pioneer's and early automobile drivers.

 

 

Below, our flyer we sent to 500 Donner Lake property owners in 2005 along with a petition.

Over 250 responded with signed petitions.

 

Notices

 

The public may freely use the entire old road now--today--and feel confident that the era of the Cadjews' terrorizing and bullying the public is over. We will not tolerate any more harassment or intimidation. And we certainly won't tolerate any threats of violence or ordering hikers into vehicles at the point of a gun or chainsaws and driving them away--as witnesses report the Cadjews did in the past. Nor will we tolerate police agencies who tell victims that they won't take a complaint against the Cadjews, as witnesses report happened in Truckee. If Cadjew or any of his thugs stop you or threaten you while walking on the old state highway, they are committing a crime. Take photos, videos, and ask for names. Call the Truckee Police or Nevada County Sheriff. Notify us of any new interference while using this public road.

 

This website is a forum for participation in government and civic affairs, a forum for its authors and supporters to speak freely on public issues, and to petition government officials for redress of grievances. Any lawsuit filed against the Historic Donner Trail Committee or any of its officers, members, attorneys, advertisers, or supporters, including supporting organizations will be considered a SLAPP complaint and will be litigated accordingly, to the full extent of California's anti-SLAPP law:

CCP §425.16.

 

 

 

The Owens/Cadjew group have bamboozled some officials with two worthless arguments in their attempt to abandon the old road and to keep the public off of it. The first is that there is no official survey from the pre-1926 period. We found that survey in 2005 (see Maps/Surveys).

Their second phony argument is that the road is only "meant" for livestock and not people, even though they show no document or law to back up their claim, while we have many historical documents to disprove it, including these three letters below.

Ted Owens and the Cadjews didn't think anyone would visit the State Archives in Sacramento.

 

Below is the 2005 letter that inflamed us enough to start our group and this
website and stop Supervisors Ted Owens and John Spencer:

 

Yes! John Spencer voted OUT June 8, 2010!

 

 

1. HIS needs? What about the public's rights?

2. We have a plotted 1915 official State Survey verifying the location!

3. No California law restricts stock trails to only livestock use!

4. Is such a bet legal?

 

 

Compare the arrogant "educated eyes" of the former supervisor John Spencer (above)

to the following letter sent to Frank Cadjew in 1992 by other supervisors:

 

Truckee Donner Historical Society President is pushing to abandon historical road

 

He sees possible "confrontation" and gives in

 

2008 Update: The previous president who wrote the following emails to us is no longer president of the Historical Society, replaced by Judy Dunlap. She has recently informed us that since late February 2006, their official position is that they have no position regarding whether they oppose or support the abandonment of the old highway. Apparently, if the historical road were abandoned and given to a private party, it would not matter to the Historical Society.

Ted Owens has stated that in early 2006, he met with the TDHS to get them to support his road giveaway plan. The TDHS's easily-impressed leadership couldn't think of any reason to turn him down.

When will the good TDHS members stand up to this political scammer Ted Owens and their weak leadership and ask that the Society publicly oppose the abandonment and support the public's use of the road? Chatting it up in meetings or having a nice group dinner is fine, but how about actually doing something to preserve our history!


Just when you think you've heard it all, here we have another so-called history buff who would rather give in than fight for probably the most historical site in Truckee. Read his emails for yourself below--

Keep in mind that in Nov 2005, we found the survey he told us was so necessary yet he claimed could never be found! You'd think he'd be excited to learn we found it. Not quite the case here.

Especially entertaining is this line from his first email: "the property owner and archive researchers have been unable to find the needed legal documents to open the route to recreational use." Yes, that makes sense. The (surrounding) property owner was trying to find documents to open up the road that HE blockaded?! Ya right.

And his claim that we need documents to "open the route to recreational use" is a sham on two levels: The "recreational use" is a concept that only Ted Owens, Cadjew, and their cohorts put forth--the road is a public road, for all public road uses--not just "recreational." They are attempting to narrow the description in order to make it easier to say there is no record of "recreational use." That's like saying there is no record of "recreational use" of old Highway 40. Secondly, and more to the point, where is a document that closed this public road to "recreational use"--or any public use?! THERE IS NONE!

By the way, the society president claims that the Truckee Donner Land Trust supports the Ted Owens/Cadjew plan to abandon the old road, yet they have not taken any such position, and four members of the Land Trust Advisory Council signed our petition opposing the abandonment and some contributed money to us!

We are shocked to see this "historian" deliberately twist facts and spout the same phony arguments as Owens--and yes, even lie--to convince us why we should also support the abandoning of the historic road. He leaves no doubt where he stands with this line: "The existing road easement claim would be relinquished to the owner, Mr. Cadjew with the exception of a local single yearly guided tour of the original road route." He is parroting the Owens script faithfully, however, the road is not an easement, and the Cadjews are not the owners! And you know what you can do with that guided tour!

He has no business being the president of the Truckee Donner Historical Society! He needs to be replaced with someone who will fight to keep our history!

 

(read oldest from the bottom up)

 

From: TRUCKEE DONNER HISTORICAL SOCIETY < tdhs@inreach.com>
Date: Nov 19, 2005 10:10 AM
Subject: Re: Lincoln & Victory Hwys
To: Rick Martel <info@historicdonnertrail.org>

 Rick, I doubt if you could find what others, including the County can not find, that being a legal survey showing the easement of the Cadjew property. I know one proposal was to do a new survey of the Lincoln Highway route, but that would still not resolve the abandonment issue from previous years. I can't predict what our Board would decide with new information.   (former president)

At 08:53 AM 11/16/2005 -0800, you wrote:
 

(former president),
If we had such a survey, and it matches exactly the visible trail that runs through Cadjew's property, could we then count on you and the Historical Society to oppose the giving away of this historical road to Cadjew?
Rick Martel

 
 
On 11/15/05, (former president) < tdhs@inreach.com> wrote:
Rick, the specific documents that were being searched for by many people was a metes and bounds survey in Nevada County records that would have been done in the 1920's or possibly 1930's when the State built the new U.S. 40 route and the former Lincoln Highway road was relinquished. There is a vague document with inadequate detail allowing for stock trail use on the old Lincoln Highway, but with no location given. If the survey could have been found, then the probability of Nevada County having a surefire claim to the old Lincoln Highway would have led to a recreational easement being exercised years ago.  
(former president)

 
From: Rick Martel <info@historicdonnertrail.org>
Date: Nov 9, 2005 12:46 PM
Subject: Re: Lincoln & Victory Hwys
To: " tdhs@inreach.com"

 
(former president),
Thanks for getting back to me.
What specific legal documentation were you and others looking for?
Rick Martel

 
 
On 11/9/05, (former president) < tdhs@inreach.com> wrote:
Rick,
Your efforts to preserve the original Lincoln/Victory Highway route
between Donner Lake and Donner Pass are commendable. For years, the
Truckee Donner Historical Society worked behind the scenes to find the
documentation needed to convince the Nevada County Supervisors to reopen
the historical route. Lawyers, surveyors, the property owner, and archive
researchers have been unable to find the needed legal documents to open
the route to recreational use. The County would take no action as
the documentation needed to open it to a recreational trail doesn't
apparently exist. Recently the Truckee Supervisor, Board Chairman Ted
Owens, supported an effort by the Truckee Trails Foundation and the
Truckee Donner Land Trust to negoiate with the current property owner for
a trail easement on a route south of the road route, avoiding Mr. Cadjew's
residence that sits alongside the original route. This method is in a
spirit of cooperation, not confrontation. This appears to the Truckee
Donner Histoical Society a better resolution. The existing road easement
claim would be relinquished to the owner, Mr. Cadjew with the exception of
a local single yearly guided tour of the original road route. In the long
run, by working with the property owner cooperatively we hope that the
property would eventually be purchased by the Truckee Donner Land Trust,
rather than be developed.  These negoiations are important as the Land
Trust and Trails Foundation are in talks with other area private property
owners for historically important land purchases and trail easements in
the Truckee Donner area. In our October Board meeting, The Truckee Donner
Historical Society Board of Directors voted to support the Trails
Foundation/Land Trust efforts. Had there been a viable alternative to
legally reopening the road, we certainly would have supported that effort,
as would have the Trails Foundation and the Land Trust. We came to the
conclusion, as others have, that working with a property owner not
against, gains the historical and recreational community the most in the
long run.   Thank you for your interest in the matter.
(former president)  TDHS  President & Research Historian

Above is the map that gave the Cadjews (and Owens) their phony excuse for many years that the old state highway could not be located exactly, and therefore they could keep the public off their entire property. This "stock trail" map was a "general route," hand-drawn in 1944 to roughly indicate the old road, the exact location of which was common knowledge, and there was always the 1915 state survey locked away in some drawer AND a plotted 31 sheet (32" x 42" each) map of the survey drawn two months after the survey (discovered Feb 2010).

So Cadjew and Owens claimed this rough sketch was not a legal description and whined that only a survey done by the state during the time the road was a state highway would be acceptable. Of course, they believed, or pretended to believe, that there was no such survey.

In late 2005, the Cadjews and Owens could no longer use this excuse after Rick Martel found that official 1915 California State Survey after searching in the state archives in Sacramento (below). The survey is very exact, and done to modern standards. 

Supervisor Ted "I-Don't-Want-To-Know-The-Facts-And-I-Don't-Want-You-To-Know-Them-Either" Owens then warned us in a Board meeting that we were not allowed to do a physical survey using this 1915 survey. Owens had tried to stop us from doing a field survey of the road before. Since he is not an attorney and didn't know the law, we ignored him.

Soon after, we heard that the Cadjews' attorney, Michael Kealy, harassed and threatened survey company Andregg Geomatics for helping us with plotting the 1915 State survey!

 

"The road has no legal description...nobody knows where it goes."...Surrounding landowner Frank Cadjew

"No record exists of the actual alignment of the old state road."...County Supervisor Ted Owens, July 2005

"The old state road is impossible to locate"...County Supervisor John Spencer, Oct 2005

"An official state survey has never been found"...Lee Fitzpatrick of Truckee Trails Foundation, June 2005

"I doubt if you could find what others, including the County cannot find, that being a legal survey showing

the easement of the Cadjew property." ...Gordon Richards of the Truckee Donner Historical Society, Nov 2005...

                                                                   

 Gee, why so negative guys? Below is page 1 along with a typical page from the surveyor's field book for the

1915 State Department of Engineering Survey of the old road, which was easily found in Sacramento in Nov 2005.

 

 

Below is page 48, which shows the west end of Donner Lake, known for a few years after 1909 as "Donner City." The 2-story hotel & bar was on the site of today's Donner Lake Realty. Tamrak Resort (that's how it was spelled) was on today's beach, when Tamarack Road extended out to the lake. Click photo for full screen.

 

 

 

Below is the 1972 deed from the Southern Pacific Company to their subsidiary, the Southern Pacific Development Company.

 

 

 

 

Below is the 1987 deed from the SP Development Company to the Cadjews.