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Old 12-03-2010, 03:19 PM   #76 (permalink)
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It makes me sick as well. Its great to see BLM put so much effort into their original goal of the area.
"Access – Roads
1. The BLM shall maintain the Boulder Mine Road and the existing road to the
confluence of Weber Creek and the South Fork American River. This road shall be
subject to seasonal closures, generally from December 1 until April 1, but variable
depending on conditions.
2. The BLM shall develop a comprehensive road maintenance plan for the Planning
Unit.
3. The BLM shall develop an adopt-a-trail/adopt-a-route program while developing a
year-around monitoring plan with the local community.
4. The BLM shall allow people to bring in their own boats by road."

Great effort BLM . My best guess is the damn ARC got involved (American River Conservancy). They do a lot of lobbying in this area for land use management. They are very very much environmental wackos. They don't approve of OHV use. Im surprised their members even own a vehicle in fear of its harmful effects to humanity.

As for use, a good friend of mine's grandfather owns the section on the Kanaka Valley side. I know he has used it. Went wheeling down there, no signs saying closed he said but the road was very overgrown is what I got out of it.
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Old 12-05-2010, 10:07 AM   #77 (permalink)
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Get ahold of me next time you go visit your good friends grandfather
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Old 01-22-2011, 01:20 AM   #78 (permalink)
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These are many years back. Green Valley to Deer Valley. There is a house below that has a dedicated entrance to the trail, atleast he did..

Trail to the right.. behind the fence.

http://whiteknucklemotorsports.net/gallery/jergins



Wow....those pictures don't even look the same as it does now days. Today I was looking at some property around the area and took a trip down Jurgens to see what it looked like. That dirt is all paved now along with that road that goes up the the left to the house on the hill. You can't even tell now days that there used to be a trail if you were continue straight ahead in the picture.

I ran into the home/property owner that owns that road to the left. He and his wife were out taking a walk with their infant. The first thing they mentioned is they were glad it was closed because of the shooting that was taking place out there. He said the miners have not been back in and there is no mining taking place as permits have expired or something along those lines. The guy across the road is the majority property holder and owns quite a bit of land around there, looking like it stretches all the way to Campbell Circle. But they also mentioned there is more than just him as far as land owners that have property that is on or crosses the trail, so it would take the OK of more than just one person to be able to gain access to the trail....which we all know will never happen again.
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Old 01-24-2011, 01:55 PM   #79 (permalink)
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What about prescriptive rights? When a property owner has not objected to public use of a road that crosses his property, then prescriptive rights to continued public access exist. If the owner gates the road, it is a simple process to report it to law enforcement that you wish to excercise your rights to cross. Through the courts it should be reopened and there is, I believe, a five year statute of limitations when claims can be filed contesting the closing. I believe that even a new owner can't close a road because the Presc. Rights supercede their ownership.

Sounds like more involved here and BLM is scrambling to create another means to close it. Best of luck in the Good fight.
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Old 01-24-2011, 02:09 PM   #80 (permalink)
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Unfortunately not as easy as it sounds, still takes legal action which takes $$$. I wish BRC did that but it's small compared to other issues I guess. They did donate cleanup materials which meant it was clean when it closed....
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Old 01-24-2011, 03:56 PM   #81 (permalink)
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This BLM does not want any OHV use in the area and any chance they have to keep the lands closed off they will take it. If you take a look on Google maps, the trail is known as Rescue Rd. and crosses through about 4-5 properties. I have been in contact with the BLM field office in regards to this trail and their responses are all bullshit. They say it is to protect the rare plants but if you read the areas management plans, Pine Hill and Sierra Management plan, it specifically says the plants are impacted minimally by OHV use. No where in any document BLM has does it say the trail is closed but the officials I have been in contact with say it is. I will post up the management plans quotes later. This BLM field office is not the best to deal with. I get snippy responses and my most recent email that I quoted the management plans OHV use for Boulder Mine Rd. has not been responded to for over a week. A place to start would be to email the Pine Hill Preserve manager, Graciela Hinshaw, ghinshaw@blm.gov, with your concerns. Jurgens trail/Boulder Mine Rd. falls under the jurisdiction of the Pine Hill Preserve. I am trying to get some answers but it is a very slow process with this BLM.
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Old 01-24-2011, 06:02 PM   #82 (permalink)
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Here are the two management plans excerpts. Just got back from the BLM office today to see who I could talk to and also to pick up some maps. Everyone was busy, go figure. Anyways its a long uphill battle to get this trail back. We are negotiating with multiple landowners and a very environmental BLM field office. The next fight will be just as hard as the next. I'm willing to fight though, who knows if it will get anywhere. Im young, I got enough time by the way I look at it.

Sierra Management Plan: Feb. 2008
Off-road Vehicles: In the Pine Hill Preserve, only non‐motorized recreation will be allowed, with the possible exception of one road that has a history of receiving heavy recreational use. This road is currently unused because private landowners have cut off public access. There are a handful of Stebbins’ morning glory plants concentrated at one point along the road, and a few dispersed Layne’s butterweed plants on the cut bank along another section of the road. Vehicle activity on the road itself is unlikely to affect these plants, although it could affect potential reproduction of the plants in the road. The Pine Hill Preserve Management Plan which will focus on the conservation of the listed plant species will determine the status of this road as well as any other recreational uses to occur at the Preserve

Pine Hill management Plan: July 2008
Off-road Vehicles. One road in the Salmon Falls unit, used primarily for recreation, has
a long history of off-road vehicle (ORV) use. This road may remain open to the public,
and moderate vehicle use may be allowed, as long as this use does not conflict with
protection of the rare plants. Recent development on private property has blocked
historical vehicle access to this part of the Salmon Falls unit for both public and
management uses, although land owners allow access by foot through their properties for
management purposes. A desirable strategy to solve the access restriction in this part of
the Preserve would be the acquisition of lands or easements to allow for direct access.
No other roads in the Preserve have a similar history and use pattern or will remain open
for vehicular recreation.

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Old 07-18-2011, 11:38 PM   #83 (permalink)
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Went to the rubicon weekend before last, had fun but I really miss local wheeling regardless of difficulty.



If any mtb'ers wanna go for a ride some time let me know, even from Kanaka or whatever it is called..
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Old 07-22-2011, 07:55 PM   #84 (permalink)
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Yeah tell me about it . 5 minutes away from a once open recreational area but yet no access. There is hope or at least so ive heard from the local guys. PM me for details. I'll post up pics of what it looks like now at the river when I hiked in.
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Old 07-27-2011, 12:28 PM   #85 (permalink)
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I took these hiking through the Kanaka Valley side which is now BLM Land. Gate is from the private residence of Kanaka Valley but is not locked. Its good to see someone is using the area from the private residence. . Anyway rumor is expect good things to come on both BLM side: maintaining seasonal closure and on the homeowner side. Trying to get details but damn this BLM is quite the beauracracy. . Ive been wanting to hike the whole trail but its been a bit too hot recently to hike that terrain. Pics when I do though. Hopefully good things are in store and the gates will come down on the homeowner side...

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Old 07-28-2011, 12:30 AM   #86 (permalink)
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How did you get in there to hike it? I've been wanting to hike the trail but I can never find a good route in down by the river.
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Old 07-28-2011, 10:14 AM   #87 (permalink)
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Well similar to get to Jurgens except: Green Valley To Deer Valley To Kanaka Valley. Follow Kanaka Valley down to a dirt parking area for the new BLM land. There are old dirt tracks in the meadows you can follow. But once in Kanaka Valley stay to the far meadow. There are two if you look on satelite images. Stay to the far one. It looks skinny on the satelite image. Follow that down until it starts to become wooded brush again. Take a right at that point across a creek. Stay right and you should be able to see the road of the residence. At this point the BLM land and the residence meet. There is a dirt road you can hike that takes you down to the river. PM me if you need help. There are two other ways in but they are top secret at the moment.

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Old 08-13-2011, 07:02 PM   #88 (permalink)
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I am so sick and tired of trying to contact the BLM Motherlode Field Office. Seems everyone in this branch does not wish to deal with the people who actually use their land. Typical government agency. Im tired of sitting at my house with the urge to go wheeling and having to tell myself I cant because there is no where local to go. The BLM Motherlode Field Office has no urge or even intelligence to consider a sustainable approach to motorized access. What we have around the lands here is a power grab by this BLM to obtain or classify land under the Pine Hill Preserve to ensure they have absolute enviro-nazi power to administer the lands as they wish. Meaning absolutely zero OHV use for now until the end of time. Land I used to ride both 4x4 and quads are now closed with a sign simply stating: Pine Hill Preserve. No Motor Vehicle Use. It angers me to realize the governemnt agency which supposedly administer our lands with their supposed multi-use mission is closing my backyard right in front of me. Save the Land so we can't use it! Well you saved the Land BLM but I am glad so many people now are better off because of the one rare plant saved by closing an already dirt trail/road. Through my conversations with this office I have come to multiple conclusions. First, not one person in this office can tell me the true status of Jurgens Trail. I get the reply its closed. I ask where is it documented because no where is there a specifically stated closure in both the Pine Hill Preserve Management Plan and the South Fork American River Plan. Both are ambigous statements as I have quoted above in earlier posts. In the responses I have recieved, neither contain the same answer nor have I been led to a specific document. Point is that this BLM is out to lunch. I am sick of their bullshit lies and lack of ability to properly administer our lands. Second observation is that after the trail has been closed for the past few years is there still a spark to kindle to rally to get this thing back open. I know the true battle was fought during the planning procces but is it possible to get another rally behind this thing or is it too late with too little interest? There has to still be people who want this trail back open. My question is how or where do we begin to start a movement to get this back open? I just believe it is our duty to show the BLM after years of closure how bad we want this trail again. Rant over.
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Old 08-13-2011, 07:27 PM   #89 (permalink)
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Count me in!! I want it open and My club does too!!
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Old 08-13-2011, 10:59 PM   #90 (permalink)
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Good to hear! I know a lot of the local guys would love to see this thing open. Brandon??
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Old 08-17-2011, 11:28 PM   #91 (permalink)
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Open, Open, Open!!!
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Old 08-17-2011, 11:39 PM   #92 (permalink)
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you take the land owner to court over prescriptive rights, the mining claim owners wanted to do this and were trying to raise money to do it but gave up eventually. It takes $$$$

It's land locked so BLM got lucky basically - but they aren't the problem right now...

I did some homework on it before, got people to say they have been going on that access for more than whatever the required time was etc, that's just part of it. I'm not a lawyer, but to open it we need one. Once that battle is fought BLM could still put up a fence, that's the next battle..
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Old 08-18-2011, 11:20 AM   #93 (permalink)
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BLM was lucky and they were very much glad to be. Agreed, first step would be to gain access via the homeowners then introduce to the BLM what we won in court. Unlikely BLM would even consider opening OHV use again. I have an uncle thats a lawyer that deals with land issues but I don't think he has the time nor do I have the money. Its a shitty situation both ways. As Brandon was saying the road should be a prescriptive easement. The usual time span of use is like 5 to 30 years to thus create a binding easement. This trail easily fits into a binding prescriptive easement as it has been in use since just after the gold rush. These homeowners will not budge off the pedestal. They have full use of our lands to themselves and that is what pisses me off. The road is still being used by these homeowners on both the Kanaka Valley side and the Jurgens side. Its all bullshit but maybe we should now have this thread be pictures and memories from the past. It wont open until one of us purchases a claim and lawyers and even better buy the property of the guys who blocked it. I thank you guys who fought for it in the past.
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Old 08-18-2011, 05:45 PM   #94 (permalink)
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How did we have access before? Did the land ownership change and the new owner shut it down?
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Old 08-18-2011, 06:04 PM   #95 (permalink)
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Same owners. Just one day they got pissed.The road on the Jurgens side passes through 3 properties. The first owner totally destroyed the access to the trail via his driveway and I believe a second one put up some other stuff. Anyways there is like 2 or 3 fences now. As for prescriptive easements CA is only 5 years of adverse use. Just have to prove adverse use. So that was obviously done. Talking with one of the neighbors of the property owner that blocked access they said the miners took it to court over blocked access to their claims and were only allowed restricted access to their claims. The miners now do not even use the road. On the other hand during the dispute I was told neighbors further down Jurgens road offered BLM to use their property as an alternate easement to access the road in which BLM denied the offer. So in truth and to put it simply, its not going to open anytime soon. Will it ever? Maybe. But it will take money and time most of us don't have anymore due to the threat of other major trails closing. It pisses me off but the power is in the hands of the landowners. Any effort to get this thing open would start with the landowners. But they don't even let people walk across their property to access the trail anymore as Brandon and I were gonna walk it and then some things fell through. Yes, it can and should be a prescriptive easement but we can only claim this in court and we need lawyers meaning we need money. On a side note, I wonder how BLM would respond if we obtain access and an easement further down Jurgens Rd. I know there is one there for a fact but it would require permission from some landowners. Hmm...
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Old 09-21-2011, 05:04 PM   #96 (permalink)
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Old 09-22-2011, 06:27 AM   #97 (permalink)
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Legal info here if you need it

Quote:
Originally Posted by Brandon View Post
My list is up to 24 names now, I'll keep it going until the lawyer needs it..

If your wife or girl friend went, give me their name/contact info too!

24 isn't that many for trying to get a trail BACK open..
There's legal info here www.gotroadrights.com regarding old roads, if you need it for your attorney.
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Old 09-22-2011, 07:44 AM   #98 (permalink)
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A mining road is not usually a public road but...

A mining road is not usually a public road but some mining roads are also public roads, and it may be less expensive to prove that the road is a public road as opposed to going at it as a prescriptive easement.

Whether or not the road is a public road depends on a few factors.

It’s an old road. Look at BLM plat maps for homesteads that may have been accessed by the road. Look at the homestead maps. Look at old survey maps. Look on county parcel maps for the road being recorded as a public road. Look on deeds for the road being recorded as a public road easement. Look everywhere you can!

Many old roads served multiple users - miners, homesteaders, travelers, etc. Roads accessing a spring, creek or river usually served multiple users.

Keith Pullman
www.gotroadrights.com
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Old 09-22-2011, 09:29 AM   #99 (permalink)
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Do you know how to read a blm plat map?

The Bureau of Land Management documents the construction of private and public roads across U.S. public lands and assigns each road a right-of-way number (such as EC98 or E122). “EC” and “E” stand for “encumbrance,” as in the land has been encumbered in some manner. BLM records mining claims and other encumbrances in the same manner. Homesteads are recorded on BLM plat maps (it’s a master plat map).

As homesteads were established and recorded in Coyote Canyon, in the County of San Diego, the BLM assigned right-of-way numbers to De Anza Road (De Anza Road is the historic Anza Trail).

De Anza Road was recorded by BLM with the following right-of-way numbers:

EC98, EC99, E122, E141, E145, E144.

A map of Imperial County shows a slew of EC numbers. These roads are not roads that were constructed by local, state or U.S. agencies. These roads are private or public roads constructed by the local populace across U.S. public lands and recorded as such by BLM.

At one time, BLM had a book of all “EC” roads. I was told by BLM that the book is not longer in print. Well, I’m sure we all know why BLM no longer prints the book!

Of course, one must also look at old homestead maps, survey maps, parcel maps and deeds. In most cases, a road is recorded somewhere by a city, county, state and/or U.S. agency.

Not to worry! The book may not be in print, but BLM plat maps, homestead maps, survey maps, etc, still exist. BLM plat maps, homestead maps, survey maps, and a whole slew of other maps, relative to California, are held at BLM’s main office in Sacramento (some are held at local BLM offices).

BLM plat maps (not all of them) can be accessed via BLM’s website. Do a search “BLM plat maps” and follow the links (you will need Meridian, Township, Range and Section Numbers).

I hope this information and the information on our website helps everyone understand their ‘road rights’ and how private and public roads across U.S. public lands were established and recorded.

Keith Pullman
President and Director of Operations
Coyote Canyon Citizens Association
www.gotroadrights.com
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Old 09-22-2011, 09:33 AM   #100 (permalink)
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One other thing:

Don't trust the BLM plat map to be 100% accurate! Employees make mistakes!
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