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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 Photo Album).
Their second "make-believe" argument is that the road is only "meant" for livestock and not people, even though they show no document or law to back up this phony claim, while we have many historical documents to disprove it, including these three letters below:
Caltrans' answer is below.
Caltrans maintained it at a minimal level "for stock trail purposes" but this is evidence that they did not restrict other public uses of the road.
Caltrans responded with:
"The road, however, has not been abandoned and, in the opinion of this office, is still open to public use."
Yet, 51 years later, the Cadjews moved some big boulders into the road to see if they could keep the public off of it. Much to their surprise and glee, no one said anything!
Another Caltrans letter concerning this matter is below.
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Below
is the letter that inflamed us enough to start our group and
this To be fair to Spencer, nine months later, and two months after he voted with Owens to abandon the old road, Spencer seemed to take a somewhat different position than Ted Owens, according to a newspaper account: "'I think that's a judicial function,' Supervisor John Spencer said regarding the issue, questioning the Board of Supervisor's right to decide the matter." A good step, but we need to see some real action.
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Update: Gordon Richards 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. Wonderful.
Truckee Donner Historical Society President
is pushing to abandon historical road
Gordon Richards sees possible "confrontation" and gives in
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 Richards thought 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: "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 Richards' 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, Richards 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 TDLT 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." Richards 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 Gordon!
Richards 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. Gordon
At 08:53 AM 11/16/2005 -0800, you wrote:
Gordon,From: Rick Martel <info@historicdonnertrail.org>
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, Gordon Richards < 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.
- Gordon
Date: Nov 9, 2005 12:46 PM
Subject: Re: Lincoln & Victory Hwys
To: " tdhs@inreach.com"
Gordon,Thanks for getting back to me.What specific legal documentation were you and others looking for?Rick Martel
On 11/9/05, Gordon Richards < 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.
Gordon Richards, TDHS President & Research Historian