(see map left)
-
Notice the large open
area that
homebuilder Owens's plan creates for the Cadjews. And
we are supposed to believe that this is not about subdivision development?!
-
Owens claims his
alternate trail is just to ensure Cadjew's
privacy!
-
What about the
privacy of the 16
Washoe Road homeowners whose houses back up to the proposed trail?
-
What about the
privacy of the many homeowners whose houses are closer to the proposed trail than Cadjew's 10' x 15' "cabin" / shack?
-
Notice that if
Truckee were to not go along with Owens's plan, the starting point of
Owens's alternate trail would begin at the Truckee Town limits, about
600 feet northwest of the barricade.
-
Who will pay to
build this new trail? The taxpayers?
-
Who
will pay to build the 40-foot
long bridge across this much
deeper, wider,
and rockier section
of Summit Creek? The taxpayers?
-
Who will pay for
the Environmental Impact Report? The taxpayers?
-
Who will lose a
valuable historical
asset? The taxpayers and the
public for generations.
-
Who will benefit?
The Cadjews and ?
-
Why would the Cadjews offer
some of their land as trade if they actually owned the
historical road and had a right to keep the public off of
it?
-
Why would the
county give up a
trail which is free of liability issues for a new trail
on which the county will be liable for accidents? (by
law, counties are immune from liability on stock trails)
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!
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."
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.
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
the
Cadjews
have
never
committed
to
providing
any
land,
and
never
mind
that
the
Cadjews
have
stated
they
don't
want
to
pay
for
even
an
environmental
impact
report
for
such
a
trail,
and
never
mind
that
the
cost
of
building
such
a
trail
would
be
in
the
millions,
we
are just
supposed
to
believe
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."
The map 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 state highway through Cadjew's land 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.
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 lawbreaking Cadjews
and corrupt Owens can "Win." We say Hell No to appeasing
crooks! And the
"community as a whole" appears to be 100% in support of our position.
"Unfriendly" and "sensational" was Frank Cadjew kidnapping Truckee
residents at the point of a gun or chainsaw (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 Ted Owens's
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 Owens's Contractors Association of Truckee Tahoe (CATT) has its
office in the Town Hall, with CATT posters in the building permit
department!
Speaking of elections, and the election
of an oh-so-impressively-important County Supervisor, take a guess
how many voters voted for Ted Owens for supervisor in 2004? This clown 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 while harassing us and threatening to sue us received all of 3181 votes
in 2004! That's not the margin--that's the total votes! Talk about a
big fish in a small pond. My condo complex in Orange County had a
third that many people. In 2008, Owens ran unopposed and there is no
public record of any votes cast for him.
And yet, Ted Owens asked for donations
for this un-opposed 2008 campaign, pleading that "Every Dollar
Counts."
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 to the Donner Lake Property Owners Association just prior to the hike.
(view letter here)
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 4, 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). No mention of it now, probably because Mr. Cadjew never even committed to giving land for such a purpose and certainly doesn't want to pay for a required CEQA report for such a trail and certainly doesn't want to pay for construction of a mile-long trail and bridge!
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 may have had enough of Owens's antics and 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:
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)
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: I
was shocked to read today 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. 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. A great loss.
----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.
click
here
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? Endeavor this!
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:
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:
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 were
in agreement with 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.
Visit these
excellent sites about the Donner Party, Road, and Railroad history:
Dan Rosen's
Donner
Party Diary
Kristin Johnson's
New Light On The Donner Party
Daniel Faigin's amazing
California Highways
Thanks
to Daniel for helping us
Preservation of historical roadside commerce with great photos at
Roadside Peek
The
incredible CPRR.org website,
with over 2 million visitors, has thousands of historical
railroad photos and documents.
(click
on Enter Museum button on their home page, or see old photos here:
http://www.cprr.org/Museum/Exhibits.html )
Just one example of the thousands
of documents on the website is the 17,000-word report by Theodore Judah in
1861 detailing his reasons for choosing the Truckee Route over
the South Tahoe route for the railroad--an amazing amount of work by Judah
(right).
Judah's statue in Old Sacramento
is well deserved--he was a real American hero.
Find it at
http://www.cprr.org/Museum/CPRR_1862_Engineering.html
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
kidnapping at the point of a gun or chainsaws--as witnesses report
the Cadjews did in the past. Nor will we tolerate police agencies
who tell kidnapping 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.
