Trespass and Public Nuisance

Morongo Basin is sparsely populated and developed.  Trespass is pervasive and virulent.  Retaliation is common and intense.  Authorities routinely do nothing to keep the peace, and, if publicly pressed by the victim, the authorities routinely side with the perpetrators to oppress actively the squeaky wheel.

Privately owned Shared Desert Dirt Driveways

Morongo Basin property owners often permit a neighborly accommodation to each other for purposes of access to their properties.  Hundreds of miles of privately owned dirt driveways and trails have been shared on this voluntary basis for decades as a usual and customary practice.

However, with increasing regularity, people are abusing these access privileges via trespass, destruction of desert ancient landscapes, native plants, and wildlife habitat.  An example lawsuit provides a template to stop such abuse. 

Koenig v. Smith Trespass Complaint

Example Lawsuit to Stop Abuse of Private Dirt Trails

Where Property Ownership Originates From a Federal Patent, the Rules for an Easement by Necessity are Different (and May be Practically Impossible to Meet) : Abbott & Kindermann Land Use Law Blog

Deadly Easement Dispute

California published law pits neighbors into a deadlock.

the stupid ass conflicting published case laws of California say a person MUST destroy the property (a gate) which is blocking an easement or waive the right to use the land, and, a person whose property is under attack MUST actually block a person from using the land in question or lose the right to exclude. Thus California law pits two neighbors into a deadlock of conflicting law which then ensnares law enforcement into a stupid ass dispute that California law majorly created.

See MSNBC Dateline Trouble on the Hill


OHV Trespass Complaint of Jack and Mindy Ross - Board of Supervisors 20090811

OHV Trespass Complaint of Jack and Mindy Ross - Board of Supervisors 20090811

Supervisor Jose Gonzalez responds to Jack and Mindy Ross during Board of Supervisors meeting.  In response to the Ross's complaint, the person in charge of coded enforcement, long time Director of Land Use Services, Julie Rynerson Rock, lept from her seat to defend the department.  With weeks, Julie Rynerson Rock had resigned, and 60 employees of Land Use Services were terminated due to gross managerial malfeasance.

Sitting Planning Commissioner Throws Rocks

Joe Putrino and Rick Greer:  widening of dirt trail without permission.  Destruction of Joshua Trees.  Planning Commission meeting report. Police arrived and threatened to arrest the property owner, Rick Greer, instead of the trespasser.

Toddlers Engulfed in Dust

Local day care center engulfed in dust by high speed traffic on dirt road.  Police do not stop the speeding.  Owner closed dirt trail that had been there for decades.

Apache and Buena Vista, Yucca Valley. Click on google's street view and pan to see the gate installed.

News Reports

Los Angeles Times - Reconsidering the Ordinance —


Official Public Comments - Supporting Grant Funding



We have identified many of the violators since they own property in the Hi-Desert for the sole purpose of staging on holiday weekends from where they wreak havoc wherever they want. When one of our members complained to the authorities about ORV trespass and harassment, a group of ten thugs on their quads, sand rails and motorcycles drove over to his house and screamed threats at him.


Letters of Agency




Legal

Trespass: Resolving Conflicts Between the Right to Exclude and the Right of Access


Commissioner Putrino Rapes Land

Anger builds over botched project

"Greer's complaint against the Town ignited when people associated with a development uphill from him started pulling Joshua trees out of the ground on his Sky Harbor property alongside the road."

Reader's letter: Putrino is pillar of community

"You erroneously reported as fact many things alleged by Mr. Greer that have led up to this man's tirade against one of this town's finest citizens, Joe Putrino, and you turned it into what is, to those of us who know the facts, an ugly piece of journalism." — Dr. Bruce and Meredith Jones

Greer: Putrino should be removed from commission September 6, 2006 

"Sparks flew briefly at Tuesday's Planning Commission meeting when Yucca Valley resident Rick Greer took his three minutes of public comment time to call for commission member Joe Putrino's resignation for alleged violations of Town ordinances and conditions of approval attached to a project with which Putrino has been associated and which Greer has protested for much of a year."


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