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Acquisition and Design Considerations of a Central California Coastal Trail ""-4: Lucille Daley Vincent Senior Thesis Environmental Planning August 29, 1974

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Page 1: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

Acquisition and Design Considerations

of a Central California Coastal Trail

bull -4 pound

Lucille Daley Vincent

Senior Thesis

Environmental Planning

August 29 1974

Table of Contents

Introduction bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 1

Acquisition bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 4

Summary bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 27

Design bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 28

Summary bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 37

Conclusion bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 38

Appendix

Explanations of Photographs bull bull bull bull bull bull bull bull bull 41

Footnotes bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 42

Bibliography bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 44

The central California coast is an extraordinary collage

of sandy beaches sharp rocky cliffs marching dune formations

marine terraces teeming estuaries and meandering stream-

mouths Curiously this stretch of coast although geographically

close to tLa heavily populated urban areas south from San

Francisco has remained relatively secluded and undeveloped

and today forms a truly unusual recreational asthetic

and educational asset for our soc~ety Today we are

beginning to realize the values of such places

Like winds and sunsets wild things were taken for granted until progress began to do away with them Now we face the question whether a still higher standard of living is worth its cost in things natural wild and free For us of the minority the opportunity to see geese is more important than television and the chance to find a pasqueshyflower is a right as inalienable as free speech l

Aldo Leopold wrote these words in 1948 in Wisconsin and now

in 1974 in California we are seeing an increasing awareness

of the necessity for making such wild things an integral

part of our human existence We see the necessity to relate

more closely to the land and the sea and to the other

species living there weare eager to become a part of the

natural and beautiful

In this thesis I explore a possibility for bringing

man closer to our coastal wild places a coastal trail

Such a trail would take the form of a linear park leading

from an urban area to a private uncluttered glimpse of

2

nature Such a linear park has the advantage of a large

perimeter-to-area ratio which makes its area accessible

to the greatest number of people Also the area becomes

highly visible William Whyte wrote Landscape is not 2

beautiful if you do not see it Thus a linear park

provides a scenicview for all those people who live near

it or who pass by while those wishing to traverse land

are satisfied by the same park

Trails are by no means a new idea but recently the

use by the public of foot and bicycle paths has become

increasingly widespread and concepts of such paths are

receiving greater attention by recreational planning

agencies The idea of creating a coastal trail along the

central California coast and in particular along Santa

Cruz countys north coast is an appealing natural extension

of this new interest and enthusiasm Such a trail would enable

visitors to enjoy the diversity and continuity of the natural

beauty and recreational opportunities along the coast

A trail along this coast would provide a beautiful area

to traverse It would provide access to each special feature

along the coast and provide an opportunity to view the coast

in its entirety It would serve as a link from the urban

areas to close and distant natural coastal settings and

would connect the various parks that exist along the coast

Such a trail would also help maintain the rich amount

of undeveloped coast now visible to the public It would

3

do this be acting as a barrier--limiting the encroachment of

urban facilities onto the coast which is so unique in its

high aesthetic and recreational values and in its physiological

variety The creators of the trail would protect coastal

resources from being lost to the public forever when they

acquired public rights in the land

Several important problems need to be addressed in the

planning of such a trail such as how are public rights to

be acquired and what kinds of contracts may be made concerning

rights and liabilities with the landowners Other problems

include the selection of a route and the design of the trail

funding of the trail and the labor required to build the

trail Of these perhaps the two most important aspects

when beginning the planning of a trail are the acquisition

of rights of way and the design and location of the trail

These are the two problems that this thesis will cover

In the first part of the paper I discuss the methods

of acquisition potentially useful in acquiring trail rights

of way The social implications of acquisition and the subject

of private property will be discussed several methods of

acquisition will be described and the legal and political

foundations for these acquisition methods will be explored

Design will be considered from two aspects in the

second part of the paper Design will be shown to be dependent

on the natural physical features of the land as well as the

property owners existing land uses

4

Finally a summary of the two topics acquisition and

design will lead into conclusions and recommendations The

background of social legal and political considerations

should assist immeasurably the process of creating a trail

along the central California coast

Acquisition

To understand exactly what it is that needs to be acquired

in order for the public to have the right to use a trail the I

concept of property must be understood Property is often thoughtI

of as a material possession--something tangible that one has

control over As the term comes down ~hrough legal history

however it has a different meaning Property is a bundle

of rights recognized by some sort of authority and defensible

in law A person could buy the right to use a piece of land

for his house and garden exclusive of others and the state

would recognize this right It would be upheld in a court

of law His rights might also include the right to sell to

anyone at any time the right to rent any part or all of

his property and many more rights of this type Limitations

are placed on his rights by zoning restrictions and by the

states right of eminant domain In other words the

definition of property depends upon recognized law and thought

in a given time and place Property law in America has mostly

evolved from old English law although Mexican law has had

an influence in California and other southwestern states

5

The concept of private property then is flexible Any

change in this concept is correlated with a change in social

thought This flexibility is illustrated by the differences

in the concept of private property in different countries

The result and the potential of this flexibility in property

rights islt~ change over time in a given countrys concept of

private property

Traditionally in this country ownership of land has been

thought of as almost entirely exclusive It has been a Godshy

given right for an owner of land to till the soil clear his

land and exclude others from it The treatment and guarding

of privately held land was considered ones private affair

Only a few rights were held by the government two of these

were the right to tax and the right to condemn property

Recently some thought has been given to the idea that

exclusive property rights are not natural or God-given They

are a function of government and social thought For example

private property in Sweden has much less privacy than land

in ~he United States In Sweden the public has the right

to cross camp on or visit private property under certain restrictions This right is called Allemansratten or

Everymans Right The historical roots of this practice

extend back to a time of few roads when crossing other peoples

land was often necessary These rights are existent today

because the responsibility of Allemanstratten is acknowledged

and demonstrated by the public

6

Sweden is not the only country with a different concept

of private property from the United States Every society

has a different concept of the rights and limitations properly

included in private property

One of the traditional rights inherent in private property

in the United States is the right to dispose of ones propery

This means that law pertaining to the disposal of property

is deeply interwoven into the concept of private property

This is the reason a discussion of property is necessary to

understand the significance of the changing forms of public

acquisition

The right to dispose of ones property is being challenged

by the new thought that land has a value in itself and that

this value is defendable by members of the public This new

thought could be worded to suggest that the land has rights

that are defendable by interested persons or that certain

persons have rights in land which does not belong to them in

the traditional sense of ownership Eivind Berggrav of

Norway was quoted as saying The motive for limiting

property rights is not the desire to deprive anyone of that

which is rightfully his We begin with the assumption that

we are more than one living on this mountain 3 The rights

of the government and public--or the limitations on property

owners rights--could easily be extended a little There

is no absolute domain of the term property Coastal

property for example has long been treated less exclusively

7

than other property This is an important fact in a study

of acquisition for a coastal trail

Coastal property has stood out as a special type of

property since early times In AD 530 Justinian I a

Roman wrote The public use of the seashore as of the sea

itself is part of the law of natiollts consequently everyone

is free to build a cottage upon it for purposes of retreat

as well as to dry his nets and haul them up from the sea

But they cannot be said to belong to anyone as private property bull

The seashore is still treated specially In current

California law private property terminates at the mean high

tide mark1 unless a grant from the state specifies otherwise

the tidelands belong to the public Even if the state deeds

the tidelands to individuals the people retain the right of

public use for navigation and commerce This tideland trust

has its historical roots in the treaty which ceded California

to the United States--the Treaty of Guadalupe Hildalgo This

treaty placed all of the states tidelands under a public

trust Not only does the public hold a trust on these lands

but access to the tidelands is guaranteed in the California

Constitution article XV section 2 It reads No individual

partnership or corporation claiming or possessing the frontage

or tidal lands of a harbor bay inlet estuary or other navigable

water in this state shall be permitted to exclude the right of

way to such water whenever it is required for some public

purpose nor to destroy or obstruct the free navigation of

8

such water This public right in private property reflects

the motive stated so eloquently by Eivind Berggrav above The

public owns the land between the high and low tide marks and

has the right to gain access to those lands whenever it is

required for any public purpose

We see that legally there is a tradition of some limited

public rights to the seashore Not everyone is enthusiastic

about sharing private rights in property with the public

The particular shoreline dealt with in this paper is the

shoreline in northern Santa Cruz County--from Santa Cruz

north to Ano Nuevo Some of the people along this coast

the landowners whose property a coastai trail would cross

are reserved about the public use of the land

The landowners with whom I talked would argue that there

is indeed a certain amount of defineable essence in the concept

of property Man has a need for territory--a place to call

his own in private peace Those whose families have lived

on the coast for generations feel a responsibility to preserve

the land handed down to them They say and this is often

true that those who rent property or who are traveling over

property do not show the same care feeling~ of responsibility

and labor that longtime property owners show The landowners

did admit that not all property owners were as careful as they

could be but the institution of private property held more

potential in their judgment for preserving and treating land

carefully than public institutions or parks

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 2: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

Table of Contents

Introduction bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 1

Acquisition bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 4

Summary bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 27

Design bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 28

Summary bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 37

Conclusion bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 38

Appendix

Explanations of Photographs bull bull bull bull bull bull bull bull bull 41

Footnotes bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 42

Bibliography bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull bull 44

The central California coast is an extraordinary collage

of sandy beaches sharp rocky cliffs marching dune formations

marine terraces teeming estuaries and meandering stream-

mouths Curiously this stretch of coast although geographically

close to tLa heavily populated urban areas south from San

Francisco has remained relatively secluded and undeveloped

and today forms a truly unusual recreational asthetic

and educational asset for our soc~ety Today we are

beginning to realize the values of such places

Like winds and sunsets wild things were taken for granted until progress began to do away with them Now we face the question whether a still higher standard of living is worth its cost in things natural wild and free For us of the minority the opportunity to see geese is more important than television and the chance to find a pasqueshyflower is a right as inalienable as free speech l

Aldo Leopold wrote these words in 1948 in Wisconsin and now

in 1974 in California we are seeing an increasing awareness

of the necessity for making such wild things an integral

part of our human existence We see the necessity to relate

more closely to the land and the sea and to the other

species living there weare eager to become a part of the

natural and beautiful

In this thesis I explore a possibility for bringing

man closer to our coastal wild places a coastal trail

Such a trail would take the form of a linear park leading

from an urban area to a private uncluttered glimpse of

2

nature Such a linear park has the advantage of a large

perimeter-to-area ratio which makes its area accessible

to the greatest number of people Also the area becomes

highly visible William Whyte wrote Landscape is not 2

beautiful if you do not see it Thus a linear park

provides a scenicview for all those people who live near

it or who pass by while those wishing to traverse land

are satisfied by the same park

Trails are by no means a new idea but recently the

use by the public of foot and bicycle paths has become

increasingly widespread and concepts of such paths are

receiving greater attention by recreational planning

agencies The idea of creating a coastal trail along the

central California coast and in particular along Santa

Cruz countys north coast is an appealing natural extension

of this new interest and enthusiasm Such a trail would enable

visitors to enjoy the diversity and continuity of the natural

beauty and recreational opportunities along the coast

A trail along this coast would provide a beautiful area

to traverse It would provide access to each special feature

along the coast and provide an opportunity to view the coast

in its entirety It would serve as a link from the urban

areas to close and distant natural coastal settings and

would connect the various parks that exist along the coast

Such a trail would also help maintain the rich amount

of undeveloped coast now visible to the public It would

3

do this be acting as a barrier--limiting the encroachment of

urban facilities onto the coast which is so unique in its

high aesthetic and recreational values and in its physiological

variety The creators of the trail would protect coastal

resources from being lost to the public forever when they

acquired public rights in the land

Several important problems need to be addressed in the

planning of such a trail such as how are public rights to

be acquired and what kinds of contracts may be made concerning

rights and liabilities with the landowners Other problems

include the selection of a route and the design of the trail

funding of the trail and the labor required to build the

trail Of these perhaps the two most important aspects

when beginning the planning of a trail are the acquisition

of rights of way and the design and location of the trail

These are the two problems that this thesis will cover

In the first part of the paper I discuss the methods

of acquisition potentially useful in acquiring trail rights

of way The social implications of acquisition and the subject

of private property will be discussed several methods of

acquisition will be described and the legal and political

foundations for these acquisition methods will be explored

Design will be considered from two aspects in the

second part of the paper Design will be shown to be dependent

on the natural physical features of the land as well as the

property owners existing land uses

4

Finally a summary of the two topics acquisition and

design will lead into conclusions and recommendations The

background of social legal and political considerations

should assist immeasurably the process of creating a trail

along the central California coast

Acquisition

To understand exactly what it is that needs to be acquired

in order for the public to have the right to use a trail the I

concept of property must be understood Property is often thoughtI

of as a material possession--something tangible that one has

control over As the term comes down ~hrough legal history

however it has a different meaning Property is a bundle

of rights recognized by some sort of authority and defensible

in law A person could buy the right to use a piece of land

for his house and garden exclusive of others and the state

would recognize this right It would be upheld in a court

of law His rights might also include the right to sell to

anyone at any time the right to rent any part or all of

his property and many more rights of this type Limitations

are placed on his rights by zoning restrictions and by the

states right of eminant domain In other words the

definition of property depends upon recognized law and thought

in a given time and place Property law in America has mostly

evolved from old English law although Mexican law has had

an influence in California and other southwestern states

5

The concept of private property then is flexible Any

change in this concept is correlated with a change in social

thought This flexibility is illustrated by the differences

in the concept of private property in different countries

The result and the potential of this flexibility in property

rights islt~ change over time in a given countrys concept of

private property

Traditionally in this country ownership of land has been

thought of as almost entirely exclusive It has been a Godshy

given right for an owner of land to till the soil clear his

land and exclude others from it The treatment and guarding

of privately held land was considered ones private affair

Only a few rights were held by the government two of these

were the right to tax and the right to condemn property

Recently some thought has been given to the idea that

exclusive property rights are not natural or God-given They

are a function of government and social thought For example

private property in Sweden has much less privacy than land

in ~he United States In Sweden the public has the right

to cross camp on or visit private property under certain restrictions This right is called Allemansratten or

Everymans Right The historical roots of this practice

extend back to a time of few roads when crossing other peoples

land was often necessary These rights are existent today

because the responsibility of Allemanstratten is acknowledged

and demonstrated by the public

6

Sweden is not the only country with a different concept

of private property from the United States Every society

has a different concept of the rights and limitations properly

included in private property

One of the traditional rights inherent in private property

in the United States is the right to dispose of ones propery

This means that law pertaining to the disposal of property

is deeply interwoven into the concept of private property

This is the reason a discussion of property is necessary to

understand the significance of the changing forms of public

acquisition

The right to dispose of ones property is being challenged

by the new thought that land has a value in itself and that

this value is defendable by members of the public This new

thought could be worded to suggest that the land has rights

that are defendable by interested persons or that certain

persons have rights in land which does not belong to them in

the traditional sense of ownership Eivind Berggrav of

Norway was quoted as saying The motive for limiting

property rights is not the desire to deprive anyone of that

which is rightfully his We begin with the assumption that

we are more than one living on this mountain 3 The rights

of the government and public--or the limitations on property

owners rights--could easily be extended a little There

is no absolute domain of the term property Coastal

property for example has long been treated less exclusively

7

than other property This is an important fact in a study

of acquisition for a coastal trail

Coastal property has stood out as a special type of

property since early times In AD 530 Justinian I a

Roman wrote The public use of the seashore as of the sea

itself is part of the law of natiollts consequently everyone

is free to build a cottage upon it for purposes of retreat

as well as to dry his nets and haul them up from the sea

But they cannot be said to belong to anyone as private property bull

The seashore is still treated specially In current

California law private property terminates at the mean high

tide mark1 unless a grant from the state specifies otherwise

the tidelands belong to the public Even if the state deeds

the tidelands to individuals the people retain the right of

public use for navigation and commerce This tideland trust

has its historical roots in the treaty which ceded California

to the United States--the Treaty of Guadalupe Hildalgo This

treaty placed all of the states tidelands under a public

trust Not only does the public hold a trust on these lands

but access to the tidelands is guaranteed in the California

Constitution article XV section 2 It reads No individual

partnership or corporation claiming or possessing the frontage

or tidal lands of a harbor bay inlet estuary or other navigable

water in this state shall be permitted to exclude the right of

way to such water whenever it is required for some public

purpose nor to destroy or obstruct the free navigation of

8

such water This public right in private property reflects

the motive stated so eloquently by Eivind Berggrav above The

public owns the land between the high and low tide marks and

has the right to gain access to those lands whenever it is

required for any public purpose

We see that legally there is a tradition of some limited

public rights to the seashore Not everyone is enthusiastic

about sharing private rights in property with the public

The particular shoreline dealt with in this paper is the

shoreline in northern Santa Cruz County--from Santa Cruz

north to Ano Nuevo Some of the people along this coast

the landowners whose property a coastai trail would cross

are reserved about the public use of the land

The landowners with whom I talked would argue that there

is indeed a certain amount of defineable essence in the concept

of property Man has a need for territory--a place to call

his own in private peace Those whose families have lived

on the coast for generations feel a responsibility to preserve

the land handed down to them They say and this is often

true that those who rent property or who are traveling over

property do not show the same care feeling~ of responsibility

and labor that longtime property owners show The landowners

did admit that not all property owners were as careful as they

could be but the institution of private property held more

potential in their judgment for preserving and treating land

carefully than public institutions or parks

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 3: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

The central California coast is an extraordinary collage

of sandy beaches sharp rocky cliffs marching dune formations

marine terraces teeming estuaries and meandering stream-

mouths Curiously this stretch of coast although geographically

close to tLa heavily populated urban areas south from San

Francisco has remained relatively secluded and undeveloped

and today forms a truly unusual recreational asthetic

and educational asset for our soc~ety Today we are

beginning to realize the values of such places

Like winds and sunsets wild things were taken for granted until progress began to do away with them Now we face the question whether a still higher standard of living is worth its cost in things natural wild and free For us of the minority the opportunity to see geese is more important than television and the chance to find a pasqueshyflower is a right as inalienable as free speech l

Aldo Leopold wrote these words in 1948 in Wisconsin and now

in 1974 in California we are seeing an increasing awareness

of the necessity for making such wild things an integral

part of our human existence We see the necessity to relate

more closely to the land and the sea and to the other

species living there weare eager to become a part of the

natural and beautiful

In this thesis I explore a possibility for bringing

man closer to our coastal wild places a coastal trail

Such a trail would take the form of a linear park leading

from an urban area to a private uncluttered glimpse of

2

nature Such a linear park has the advantage of a large

perimeter-to-area ratio which makes its area accessible

to the greatest number of people Also the area becomes

highly visible William Whyte wrote Landscape is not 2

beautiful if you do not see it Thus a linear park

provides a scenicview for all those people who live near

it or who pass by while those wishing to traverse land

are satisfied by the same park

Trails are by no means a new idea but recently the

use by the public of foot and bicycle paths has become

increasingly widespread and concepts of such paths are

receiving greater attention by recreational planning

agencies The idea of creating a coastal trail along the

central California coast and in particular along Santa

Cruz countys north coast is an appealing natural extension

of this new interest and enthusiasm Such a trail would enable

visitors to enjoy the diversity and continuity of the natural

beauty and recreational opportunities along the coast

A trail along this coast would provide a beautiful area

to traverse It would provide access to each special feature

along the coast and provide an opportunity to view the coast

in its entirety It would serve as a link from the urban

areas to close and distant natural coastal settings and

would connect the various parks that exist along the coast

Such a trail would also help maintain the rich amount

of undeveloped coast now visible to the public It would

3

do this be acting as a barrier--limiting the encroachment of

urban facilities onto the coast which is so unique in its

high aesthetic and recreational values and in its physiological

variety The creators of the trail would protect coastal

resources from being lost to the public forever when they

acquired public rights in the land

Several important problems need to be addressed in the

planning of such a trail such as how are public rights to

be acquired and what kinds of contracts may be made concerning

rights and liabilities with the landowners Other problems

include the selection of a route and the design of the trail

funding of the trail and the labor required to build the

trail Of these perhaps the two most important aspects

when beginning the planning of a trail are the acquisition

of rights of way and the design and location of the trail

These are the two problems that this thesis will cover

In the first part of the paper I discuss the methods

of acquisition potentially useful in acquiring trail rights

of way The social implications of acquisition and the subject

of private property will be discussed several methods of

acquisition will be described and the legal and political

foundations for these acquisition methods will be explored

Design will be considered from two aspects in the

second part of the paper Design will be shown to be dependent

on the natural physical features of the land as well as the

property owners existing land uses

4

Finally a summary of the two topics acquisition and

design will lead into conclusions and recommendations The

background of social legal and political considerations

should assist immeasurably the process of creating a trail

along the central California coast

Acquisition

To understand exactly what it is that needs to be acquired

in order for the public to have the right to use a trail the I

concept of property must be understood Property is often thoughtI

of as a material possession--something tangible that one has

control over As the term comes down ~hrough legal history

however it has a different meaning Property is a bundle

of rights recognized by some sort of authority and defensible

in law A person could buy the right to use a piece of land

for his house and garden exclusive of others and the state

would recognize this right It would be upheld in a court

of law His rights might also include the right to sell to

anyone at any time the right to rent any part or all of

his property and many more rights of this type Limitations

are placed on his rights by zoning restrictions and by the

states right of eminant domain In other words the

definition of property depends upon recognized law and thought

in a given time and place Property law in America has mostly

evolved from old English law although Mexican law has had

an influence in California and other southwestern states

5

The concept of private property then is flexible Any

change in this concept is correlated with a change in social

thought This flexibility is illustrated by the differences

in the concept of private property in different countries

The result and the potential of this flexibility in property

rights islt~ change over time in a given countrys concept of

private property

Traditionally in this country ownership of land has been

thought of as almost entirely exclusive It has been a Godshy

given right for an owner of land to till the soil clear his

land and exclude others from it The treatment and guarding

of privately held land was considered ones private affair

Only a few rights were held by the government two of these

were the right to tax and the right to condemn property

Recently some thought has been given to the idea that

exclusive property rights are not natural or God-given They

are a function of government and social thought For example

private property in Sweden has much less privacy than land

in ~he United States In Sweden the public has the right

to cross camp on or visit private property under certain restrictions This right is called Allemansratten or

Everymans Right The historical roots of this practice

extend back to a time of few roads when crossing other peoples

land was often necessary These rights are existent today

because the responsibility of Allemanstratten is acknowledged

and demonstrated by the public

6

Sweden is not the only country with a different concept

of private property from the United States Every society

has a different concept of the rights and limitations properly

included in private property

One of the traditional rights inherent in private property

in the United States is the right to dispose of ones propery

This means that law pertaining to the disposal of property

is deeply interwoven into the concept of private property

This is the reason a discussion of property is necessary to

understand the significance of the changing forms of public

acquisition

The right to dispose of ones property is being challenged

by the new thought that land has a value in itself and that

this value is defendable by members of the public This new

thought could be worded to suggest that the land has rights

that are defendable by interested persons or that certain

persons have rights in land which does not belong to them in

the traditional sense of ownership Eivind Berggrav of

Norway was quoted as saying The motive for limiting

property rights is not the desire to deprive anyone of that

which is rightfully his We begin with the assumption that

we are more than one living on this mountain 3 The rights

of the government and public--or the limitations on property

owners rights--could easily be extended a little There

is no absolute domain of the term property Coastal

property for example has long been treated less exclusively

7

than other property This is an important fact in a study

of acquisition for a coastal trail

Coastal property has stood out as a special type of

property since early times In AD 530 Justinian I a

Roman wrote The public use of the seashore as of the sea

itself is part of the law of natiollts consequently everyone

is free to build a cottage upon it for purposes of retreat

as well as to dry his nets and haul them up from the sea

But they cannot be said to belong to anyone as private property bull

The seashore is still treated specially In current

California law private property terminates at the mean high

tide mark1 unless a grant from the state specifies otherwise

the tidelands belong to the public Even if the state deeds

the tidelands to individuals the people retain the right of

public use for navigation and commerce This tideland trust

has its historical roots in the treaty which ceded California

to the United States--the Treaty of Guadalupe Hildalgo This

treaty placed all of the states tidelands under a public

trust Not only does the public hold a trust on these lands

but access to the tidelands is guaranteed in the California

Constitution article XV section 2 It reads No individual

partnership or corporation claiming or possessing the frontage

or tidal lands of a harbor bay inlet estuary or other navigable

water in this state shall be permitted to exclude the right of

way to such water whenever it is required for some public

purpose nor to destroy or obstruct the free navigation of

8

such water This public right in private property reflects

the motive stated so eloquently by Eivind Berggrav above The

public owns the land between the high and low tide marks and

has the right to gain access to those lands whenever it is

required for any public purpose

We see that legally there is a tradition of some limited

public rights to the seashore Not everyone is enthusiastic

about sharing private rights in property with the public

The particular shoreline dealt with in this paper is the

shoreline in northern Santa Cruz County--from Santa Cruz

north to Ano Nuevo Some of the people along this coast

the landowners whose property a coastai trail would cross

are reserved about the public use of the land

The landowners with whom I talked would argue that there

is indeed a certain amount of defineable essence in the concept

of property Man has a need for territory--a place to call

his own in private peace Those whose families have lived

on the coast for generations feel a responsibility to preserve

the land handed down to them They say and this is often

true that those who rent property or who are traveling over

property do not show the same care feeling~ of responsibility

and labor that longtime property owners show The landowners

did admit that not all property owners were as careful as they

could be but the institution of private property held more

potential in their judgment for preserving and treating land

carefully than public institutions or parks

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 4: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

2

nature Such a linear park has the advantage of a large

perimeter-to-area ratio which makes its area accessible

to the greatest number of people Also the area becomes

highly visible William Whyte wrote Landscape is not 2

beautiful if you do not see it Thus a linear park

provides a scenicview for all those people who live near

it or who pass by while those wishing to traverse land

are satisfied by the same park

Trails are by no means a new idea but recently the

use by the public of foot and bicycle paths has become

increasingly widespread and concepts of such paths are

receiving greater attention by recreational planning

agencies The idea of creating a coastal trail along the

central California coast and in particular along Santa

Cruz countys north coast is an appealing natural extension

of this new interest and enthusiasm Such a trail would enable

visitors to enjoy the diversity and continuity of the natural

beauty and recreational opportunities along the coast

A trail along this coast would provide a beautiful area

to traverse It would provide access to each special feature

along the coast and provide an opportunity to view the coast

in its entirety It would serve as a link from the urban

areas to close and distant natural coastal settings and

would connect the various parks that exist along the coast

Such a trail would also help maintain the rich amount

of undeveloped coast now visible to the public It would

3

do this be acting as a barrier--limiting the encroachment of

urban facilities onto the coast which is so unique in its

high aesthetic and recreational values and in its physiological

variety The creators of the trail would protect coastal

resources from being lost to the public forever when they

acquired public rights in the land

Several important problems need to be addressed in the

planning of such a trail such as how are public rights to

be acquired and what kinds of contracts may be made concerning

rights and liabilities with the landowners Other problems

include the selection of a route and the design of the trail

funding of the trail and the labor required to build the

trail Of these perhaps the two most important aspects

when beginning the planning of a trail are the acquisition

of rights of way and the design and location of the trail

These are the two problems that this thesis will cover

In the first part of the paper I discuss the methods

of acquisition potentially useful in acquiring trail rights

of way The social implications of acquisition and the subject

of private property will be discussed several methods of

acquisition will be described and the legal and political

foundations for these acquisition methods will be explored

Design will be considered from two aspects in the

second part of the paper Design will be shown to be dependent

on the natural physical features of the land as well as the

property owners existing land uses

4

Finally a summary of the two topics acquisition and

design will lead into conclusions and recommendations The

background of social legal and political considerations

should assist immeasurably the process of creating a trail

along the central California coast

Acquisition

To understand exactly what it is that needs to be acquired

in order for the public to have the right to use a trail the I

concept of property must be understood Property is often thoughtI

of as a material possession--something tangible that one has

control over As the term comes down ~hrough legal history

however it has a different meaning Property is a bundle

of rights recognized by some sort of authority and defensible

in law A person could buy the right to use a piece of land

for his house and garden exclusive of others and the state

would recognize this right It would be upheld in a court

of law His rights might also include the right to sell to

anyone at any time the right to rent any part or all of

his property and many more rights of this type Limitations

are placed on his rights by zoning restrictions and by the

states right of eminant domain In other words the

definition of property depends upon recognized law and thought

in a given time and place Property law in America has mostly

evolved from old English law although Mexican law has had

an influence in California and other southwestern states

5

The concept of private property then is flexible Any

change in this concept is correlated with a change in social

thought This flexibility is illustrated by the differences

in the concept of private property in different countries

The result and the potential of this flexibility in property

rights islt~ change over time in a given countrys concept of

private property

Traditionally in this country ownership of land has been

thought of as almost entirely exclusive It has been a Godshy

given right for an owner of land to till the soil clear his

land and exclude others from it The treatment and guarding

of privately held land was considered ones private affair

Only a few rights were held by the government two of these

were the right to tax and the right to condemn property

Recently some thought has been given to the idea that

exclusive property rights are not natural or God-given They

are a function of government and social thought For example

private property in Sweden has much less privacy than land

in ~he United States In Sweden the public has the right

to cross camp on or visit private property under certain restrictions This right is called Allemansratten or

Everymans Right The historical roots of this practice

extend back to a time of few roads when crossing other peoples

land was often necessary These rights are existent today

because the responsibility of Allemanstratten is acknowledged

and demonstrated by the public

6

Sweden is not the only country with a different concept

of private property from the United States Every society

has a different concept of the rights and limitations properly

included in private property

One of the traditional rights inherent in private property

in the United States is the right to dispose of ones propery

This means that law pertaining to the disposal of property

is deeply interwoven into the concept of private property

This is the reason a discussion of property is necessary to

understand the significance of the changing forms of public

acquisition

The right to dispose of ones property is being challenged

by the new thought that land has a value in itself and that

this value is defendable by members of the public This new

thought could be worded to suggest that the land has rights

that are defendable by interested persons or that certain

persons have rights in land which does not belong to them in

the traditional sense of ownership Eivind Berggrav of

Norway was quoted as saying The motive for limiting

property rights is not the desire to deprive anyone of that

which is rightfully his We begin with the assumption that

we are more than one living on this mountain 3 The rights

of the government and public--or the limitations on property

owners rights--could easily be extended a little There

is no absolute domain of the term property Coastal

property for example has long been treated less exclusively

7

than other property This is an important fact in a study

of acquisition for a coastal trail

Coastal property has stood out as a special type of

property since early times In AD 530 Justinian I a

Roman wrote The public use of the seashore as of the sea

itself is part of the law of natiollts consequently everyone

is free to build a cottage upon it for purposes of retreat

as well as to dry his nets and haul them up from the sea

But they cannot be said to belong to anyone as private property bull

The seashore is still treated specially In current

California law private property terminates at the mean high

tide mark1 unless a grant from the state specifies otherwise

the tidelands belong to the public Even if the state deeds

the tidelands to individuals the people retain the right of

public use for navigation and commerce This tideland trust

has its historical roots in the treaty which ceded California

to the United States--the Treaty of Guadalupe Hildalgo This

treaty placed all of the states tidelands under a public

trust Not only does the public hold a trust on these lands

but access to the tidelands is guaranteed in the California

Constitution article XV section 2 It reads No individual

partnership or corporation claiming or possessing the frontage

or tidal lands of a harbor bay inlet estuary or other navigable

water in this state shall be permitted to exclude the right of

way to such water whenever it is required for some public

purpose nor to destroy or obstruct the free navigation of

8

such water This public right in private property reflects

the motive stated so eloquently by Eivind Berggrav above The

public owns the land between the high and low tide marks and

has the right to gain access to those lands whenever it is

required for any public purpose

We see that legally there is a tradition of some limited

public rights to the seashore Not everyone is enthusiastic

about sharing private rights in property with the public

The particular shoreline dealt with in this paper is the

shoreline in northern Santa Cruz County--from Santa Cruz

north to Ano Nuevo Some of the people along this coast

the landowners whose property a coastai trail would cross

are reserved about the public use of the land

The landowners with whom I talked would argue that there

is indeed a certain amount of defineable essence in the concept

of property Man has a need for territory--a place to call

his own in private peace Those whose families have lived

on the coast for generations feel a responsibility to preserve

the land handed down to them They say and this is often

true that those who rent property or who are traveling over

property do not show the same care feeling~ of responsibility

and labor that longtime property owners show The landowners

did admit that not all property owners were as careful as they

could be but the institution of private property held more

potential in their judgment for preserving and treating land

carefully than public institutions or parks

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 5: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

3

do this be acting as a barrier--limiting the encroachment of

urban facilities onto the coast which is so unique in its

high aesthetic and recreational values and in its physiological

variety The creators of the trail would protect coastal

resources from being lost to the public forever when they

acquired public rights in the land

Several important problems need to be addressed in the

planning of such a trail such as how are public rights to

be acquired and what kinds of contracts may be made concerning

rights and liabilities with the landowners Other problems

include the selection of a route and the design of the trail

funding of the trail and the labor required to build the

trail Of these perhaps the two most important aspects

when beginning the planning of a trail are the acquisition

of rights of way and the design and location of the trail

These are the two problems that this thesis will cover

In the first part of the paper I discuss the methods

of acquisition potentially useful in acquiring trail rights

of way The social implications of acquisition and the subject

of private property will be discussed several methods of

acquisition will be described and the legal and political

foundations for these acquisition methods will be explored

Design will be considered from two aspects in the

second part of the paper Design will be shown to be dependent

on the natural physical features of the land as well as the

property owners existing land uses

4

Finally a summary of the two topics acquisition and

design will lead into conclusions and recommendations The

background of social legal and political considerations

should assist immeasurably the process of creating a trail

along the central California coast

Acquisition

To understand exactly what it is that needs to be acquired

in order for the public to have the right to use a trail the I

concept of property must be understood Property is often thoughtI

of as a material possession--something tangible that one has

control over As the term comes down ~hrough legal history

however it has a different meaning Property is a bundle

of rights recognized by some sort of authority and defensible

in law A person could buy the right to use a piece of land

for his house and garden exclusive of others and the state

would recognize this right It would be upheld in a court

of law His rights might also include the right to sell to

anyone at any time the right to rent any part or all of

his property and many more rights of this type Limitations

are placed on his rights by zoning restrictions and by the

states right of eminant domain In other words the

definition of property depends upon recognized law and thought

in a given time and place Property law in America has mostly

evolved from old English law although Mexican law has had

an influence in California and other southwestern states

5

The concept of private property then is flexible Any

change in this concept is correlated with a change in social

thought This flexibility is illustrated by the differences

in the concept of private property in different countries

The result and the potential of this flexibility in property

rights islt~ change over time in a given countrys concept of

private property

Traditionally in this country ownership of land has been

thought of as almost entirely exclusive It has been a Godshy

given right for an owner of land to till the soil clear his

land and exclude others from it The treatment and guarding

of privately held land was considered ones private affair

Only a few rights were held by the government two of these

were the right to tax and the right to condemn property

Recently some thought has been given to the idea that

exclusive property rights are not natural or God-given They

are a function of government and social thought For example

private property in Sweden has much less privacy than land

in ~he United States In Sweden the public has the right

to cross camp on or visit private property under certain restrictions This right is called Allemansratten or

Everymans Right The historical roots of this practice

extend back to a time of few roads when crossing other peoples

land was often necessary These rights are existent today

because the responsibility of Allemanstratten is acknowledged

and demonstrated by the public

6

Sweden is not the only country with a different concept

of private property from the United States Every society

has a different concept of the rights and limitations properly

included in private property

One of the traditional rights inherent in private property

in the United States is the right to dispose of ones propery

This means that law pertaining to the disposal of property

is deeply interwoven into the concept of private property

This is the reason a discussion of property is necessary to

understand the significance of the changing forms of public

acquisition

The right to dispose of ones property is being challenged

by the new thought that land has a value in itself and that

this value is defendable by members of the public This new

thought could be worded to suggest that the land has rights

that are defendable by interested persons or that certain

persons have rights in land which does not belong to them in

the traditional sense of ownership Eivind Berggrav of

Norway was quoted as saying The motive for limiting

property rights is not the desire to deprive anyone of that

which is rightfully his We begin with the assumption that

we are more than one living on this mountain 3 The rights

of the government and public--or the limitations on property

owners rights--could easily be extended a little There

is no absolute domain of the term property Coastal

property for example has long been treated less exclusively

7

than other property This is an important fact in a study

of acquisition for a coastal trail

Coastal property has stood out as a special type of

property since early times In AD 530 Justinian I a

Roman wrote The public use of the seashore as of the sea

itself is part of the law of natiollts consequently everyone

is free to build a cottage upon it for purposes of retreat

as well as to dry his nets and haul them up from the sea

But they cannot be said to belong to anyone as private property bull

The seashore is still treated specially In current

California law private property terminates at the mean high

tide mark1 unless a grant from the state specifies otherwise

the tidelands belong to the public Even if the state deeds

the tidelands to individuals the people retain the right of

public use for navigation and commerce This tideland trust

has its historical roots in the treaty which ceded California

to the United States--the Treaty of Guadalupe Hildalgo This

treaty placed all of the states tidelands under a public

trust Not only does the public hold a trust on these lands

but access to the tidelands is guaranteed in the California

Constitution article XV section 2 It reads No individual

partnership or corporation claiming or possessing the frontage

or tidal lands of a harbor bay inlet estuary or other navigable

water in this state shall be permitted to exclude the right of

way to such water whenever it is required for some public

purpose nor to destroy or obstruct the free navigation of

8

such water This public right in private property reflects

the motive stated so eloquently by Eivind Berggrav above The

public owns the land between the high and low tide marks and

has the right to gain access to those lands whenever it is

required for any public purpose

We see that legally there is a tradition of some limited

public rights to the seashore Not everyone is enthusiastic

about sharing private rights in property with the public

The particular shoreline dealt with in this paper is the

shoreline in northern Santa Cruz County--from Santa Cruz

north to Ano Nuevo Some of the people along this coast

the landowners whose property a coastai trail would cross

are reserved about the public use of the land

The landowners with whom I talked would argue that there

is indeed a certain amount of defineable essence in the concept

of property Man has a need for territory--a place to call

his own in private peace Those whose families have lived

on the coast for generations feel a responsibility to preserve

the land handed down to them They say and this is often

true that those who rent property or who are traveling over

property do not show the same care feeling~ of responsibility

and labor that longtime property owners show The landowners

did admit that not all property owners were as careful as they

could be but the institution of private property held more

potential in their judgment for preserving and treating land

carefully than public institutions or parks

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 6: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

4

Finally a summary of the two topics acquisition and

design will lead into conclusions and recommendations The

background of social legal and political considerations

should assist immeasurably the process of creating a trail

along the central California coast

Acquisition

To understand exactly what it is that needs to be acquired

in order for the public to have the right to use a trail the I

concept of property must be understood Property is often thoughtI

of as a material possession--something tangible that one has

control over As the term comes down ~hrough legal history

however it has a different meaning Property is a bundle

of rights recognized by some sort of authority and defensible

in law A person could buy the right to use a piece of land

for his house and garden exclusive of others and the state

would recognize this right It would be upheld in a court

of law His rights might also include the right to sell to

anyone at any time the right to rent any part or all of

his property and many more rights of this type Limitations

are placed on his rights by zoning restrictions and by the

states right of eminant domain In other words the

definition of property depends upon recognized law and thought

in a given time and place Property law in America has mostly

evolved from old English law although Mexican law has had

an influence in California and other southwestern states

5

The concept of private property then is flexible Any

change in this concept is correlated with a change in social

thought This flexibility is illustrated by the differences

in the concept of private property in different countries

The result and the potential of this flexibility in property

rights islt~ change over time in a given countrys concept of

private property

Traditionally in this country ownership of land has been

thought of as almost entirely exclusive It has been a Godshy

given right for an owner of land to till the soil clear his

land and exclude others from it The treatment and guarding

of privately held land was considered ones private affair

Only a few rights were held by the government two of these

were the right to tax and the right to condemn property

Recently some thought has been given to the idea that

exclusive property rights are not natural or God-given They

are a function of government and social thought For example

private property in Sweden has much less privacy than land

in ~he United States In Sweden the public has the right

to cross camp on or visit private property under certain restrictions This right is called Allemansratten or

Everymans Right The historical roots of this practice

extend back to a time of few roads when crossing other peoples

land was often necessary These rights are existent today

because the responsibility of Allemanstratten is acknowledged

and demonstrated by the public

6

Sweden is not the only country with a different concept

of private property from the United States Every society

has a different concept of the rights and limitations properly

included in private property

One of the traditional rights inherent in private property

in the United States is the right to dispose of ones propery

This means that law pertaining to the disposal of property

is deeply interwoven into the concept of private property

This is the reason a discussion of property is necessary to

understand the significance of the changing forms of public

acquisition

The right to dispose of ones property is being challenged

by the new thought that land has a value in itself and that

this value is defendable by members of the public This new

thought could be worded to suggest that the land has rights

that are defendable by interested persons or that certain

persons have rights in land which does not belong to them in

the traditional sense of ownership Eivind Berggrav of

Norway was quoted as saying The motive for limiting

property rights is not the desire to deprive anyone of that

which is rightfully his We begin with the assumption that

we are more than one living on this mountain 3 The rights

of the government and public--or the limitations on property

owners rights--could easily be extended a little There

is no absolute domain of the term property Coastal

property for example has long been treated less exclusively

7

than other property This is an important fact in a study

of acquisition for a coastal trail

Coastal property has stood out as a special type of

property since early times In AD 530 Justinian I a

Roman wrote The public use of the seashore as of the sea

itself is part of the law of natiollts consequently everyone

is free to build a cottage upon it for purposes of retreat

as well as to dry his nets and haul them up from the sea

But they cannot be said to belong to anyone as private property bull

The seashore is still treated specially In current

California law private property terminates at the mean high

tide mark1 unless a grant from the state specifies otherwise

the tidelands belong to the public Even if the state deeds

the tidelands to individuals the people retain the right of

public use for navigation and commerce This tideland trust

has its historical roots in the treaty which ceded California

to the United States--the Treaty of Guadalupe Hildalgo This

treaty placed all of the states tidelands under a public

trust Not only does the public hold a trust on these lands

but access to the tidelands is guaranteed in the California

Constitution article XV section 2 It reads No individual

partnership or corporation claiming or possessing the frontage

or tidal lands of a harbor bay inlet estuary or other navigable

water in this state shall be permitted to exclude the right of

way to such water whenever it is required for some public

purpose nor to destroy or obstruct the free navigation of

8

such water This public right in private property reflects

the motive stated so eloquently by Eivind Berggrav above The

public owns the land between the high and low tide marks and

has the right to gain access to those lands whenever it is

required for any public purpose

We see that legally there is a tradition of some limited

public rights to the seashore Not everyone is enthusiastic

about sharing private rights in property with the public

The particular shoreline dealt with in this paper is the

shoreline in northern Santa Cruz County--from Santa Cruz

north to Ano Nuevo Some of the people along this coast

the landowners whose property a coastai trail would cross

are reserved about the public use of the land

The landowners with whom I talked would argue that there

is indeed a certain amount of defineable essence in the concept

of property Man has a need for territory--a place to call

his own in private peace Those whose families have lived

on the coast for generations feel a responsibility to preserve

the land handed down to them They say and this is often

true that those who rent property or who are traveling over

property do not show the same care feeling~ of responsibility

and labor that longtime property owners show The landowners

did admit that not all property owners were as careful as they

could be but the institution of private property held more

potential in their judgment for preserving and treating land

carefully than public institutions or parks

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 7: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

5

The concept of private property then is flexible Any

change in this concept is correlated with a change in social

thought This flexibility is illustrated by the differences

in the concept of private property in different countries

The result and the potential of this flexibility in property

rights islt~ change over time in a given countrys concept of

private property

Traditionally in this country ownership of land has been

thought of as almost entirely exclusive It has been a Godshy

given right for an owner of land to till the soil clear his

land and exclude others from it The treatment and guarding

of privately held land was considered ones private affair

Only a few rights were held by the government two of these

were the right to tax and the right to condemn property

Recently some thought has been given to the idea that

exclusive property rights are not natural or God-given They

are a function of government and social thought For example

private property in Sweden has much less privacy than land

in ~he United States In Sweden the public has the right

to cross camp on or visit private property under certain restrictions This right is called Allemansratten or

Everymans Right The historical roots of this practice

extend back to a time of few roads when crossing other peoples

land was often necessary These rights are existent today

because the responsibility of Allemanstratten is acknowledged

and demonstrated by the public

6

Sweden is not the only country with a different concept

of private property from the United States Every society

has a different concept of the rights and limitations properly

included in private property

One of the traditional rights inherent in private property

in the United States is the right to dispose of ones propery

This means that law pertaining to the disposal of property

is deeply interwoven into the concept of private property

This is the reason a discussion of property is necessary to

understand the significance of the changing forms of public

acquisition

The right to dispose of ones property is being challenged

by the new thought that land has a value in itself and that

this value is defendable by members of the public This new

thought could be worded to suggest that the land has rights

that are defendable by interested persons or that certain

persons have rights in land which does not belong to them in

the traditional sense of ownership Eivind Berggrav of

Norway was quoted as saying The motive for limiting

property rights is not the desire to deprive anyone of that

which is rightfully his We begin with the assumption that

we are more than one living on this mountain 3 The rights

of the government and public--or the limitations on property

owners rights--could easily be extended a little There

is no absolute domain of the term property Coastal

property for example has long been treated less exclusively

7

than other property This is an important fact in a study

of acquisition for a coastal trail

Coastal property has stood out as a special type of

property since early times In AD 530 Justinian I a

Roman wrote The public use of the seashore as of the sea

itself is part of the law of natiollts consequently everyone

is free to build a cottage upon it for purposes of retreat

as well as to dry his nets and haul them up from the sea

But they cannot be said to belong to anyone as private property bull

The seashore is still treated specially In current

California law private property terminates at the mean high

tide mark1 unless a grant from the state specifies otherwise

the tidelands belong to the public Even if the state deeds

the tidelands to individuals the people retain the right of

public use for navigation and commerce This tideland trust

has its historical roots in the treaty which ceded California

to the United States--the Treaty of Guadalupe Hildalgo This

treaty placed all of the states tidelands under a public

trust Not only does the public hold a trust on these lands

but access to the tidelands is guaranteed in the California

Constitution article XV section 2 It reads No individual

partnership or corporation claiming or possessing the frontage

or tidal lands of a harbor bay inlet estuary or other navigable

water in this state shall be permitted to exclude the right of

way to such water whenever it is required for some public

purpose nor to destroy or obstruct the free navigation of

8

such water This public right in private property reflects

the motive stated so eloquently by Eivind Berggrav above The

public owns the land between the high and low tide marks and

has the right to gain access to those lands whenever it is

required for any public purpose

We see that legally there is a tradition of some limited

public rights to the seashore Not everyone is enthusiastic

about sharing private rights in property with the public

The particular shoreline dealt with in this paper is the

shoreline in northern Santa Cruz County--from Santa Cruz

north to Ano Nuevo Some of the people along this coast

the landowners whose property a coastai trail would cross

are reserved about the public use of the land

The landowners with whom I talked would argue that there

is indeed a certain amount of defineable essence in the concept

of property Man has a need for territory--a place to call

his own in private peace Those whose families have lived

on the coast for generations feel a responsibility to preserve

the land handed down to them They say and this is often

true that those who rent property or who are traveling over

property do not show the same care feeling~ of responsibility

and labor that longtime property owners show The landowners

did admit that not all property owners were as careful as they

could be but the institution of private property held more

potential in their judgment for preserving and treating land

carefully than public institutions or parks

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 8: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

6

Sweden is not the only country with a different concept

of private property from the United States Every society

has a different concept of the rights and limitations properly

included in private property

One of the traditional rights inherent in private property

in the United States is the right to dispose of ones propery

This means that law pertaining to the disposal of property

is deeply interwoven into the concept of private property

This is the reason a discussion of property is necessary to

understand the significance of the changing forms of public

acquisition

The right to dispose of ones property is being challenged

by the new thought that land has a value in itself and that

this value is defendable by members of the public This new

thought could be worded to suggest that the land has rights

that are defendable by interested persons or that certain

persons have rights in land which does not belong to them in

the traditional sense of ownership Eivind Berggrav of

Norway was quoted as saying The motive for limiting

property rights is not the desire to deprive anyone of that

which is rightfully his We begin with the assumption that

we are more than one living on this mountain 3 The rights

of the government and public--or the limitations on property

owners rights--could easily be extended a little There

is no absolute domain of the term property Coastal

property for example has long been treated less exclusively

7

than other property This is an important fact in a study

of acquisition for a coastal trail

Coastal property has stood out as a special type of

property since early times In AD 530 Justinian I a

Roman wrote The public use of the seashore as of the sea

itself is part of the law of natiollts consequently everyone

is free to build a cottage upon it for purposes of retreat

as well as to dry his nets and haul them up from the sea

But they cannot be said to belong to anyone as private property bull

The seashore is still treated specially In current

California law private property terminates at the mean high

tide mark1 unless a grant from the state specifies otherwise

the tidelands belong to the public Even if the state deeds

the tidelands to individuals the people retain the right of

public use for navigation and commerce This tideland trust

has its historical roots in the treaty which ceded California

to the United States--the Treaty of Guadalupe Hildalgo This

treaty placed all of the states tidelands under a public

trust Not only does the public hold a trust on these lands

but access to the tidelands is guaranteed in the California

Constitution article XV section 2 It reads No individual

partnership or corporation claiming or possessing the frontage

or tidal lands of a harbor bay inlet estuary or other navigable

water in this state shall be permitted to exclude the right of

way to such water whenever it is required for some public

purpose nor to destroy or obstruct the free navigation of

8

such water This public right in private property reflects

the motive stated so eloquently by Eivind Berggrav above The

public owns the land between the high and low tide marks and

has the right to gain access to those lands whenever it is

required for any public purpose

We see that legally there is a tradition of some limited

public rights to the seashore Not everyone is enthusiastic

about sharing private rights in property with the public

The particular shoreline dealt with in this paper is the

shoreline in northern Santa Cruz County--from Santa Cruz

north to Ano Nuevo Some of the people along this coast

the landowners whose property a coastai trail would cross

are reserved about the public use of the land

The landowners with whom I talked would argue that there

is indeed a certain amount of defineable essence in the concept

of property Man has a need for territory--a place to call

his own in private peace Those whose families have lived

on the coast for generations feel a responsibility to preserve

the land handed down to them They say and this is often

true that those who rent property or who are traveling over

property do not show the same care feeling~ of responsibility

and labor that longtime property owners show The landowners

did admit that not all property owners were as careful as they

could be but the institution of private property held more

potential in their judgment for preserving and treating land

carefully than public institutions or parks

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 9: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

7

than other property This is an important fact in a study

of acquisition for a coastal trail

Coastal property has stood out as a special type of

property since early times In AD 530 Justinian I a

Roman wrote The public use of the seashore as of the sea

itself is part of the law of natiollts consequently everyone

is free to build a cottage upon it for purposes of retreat

as well as to dry his nets and haul them up from the sea

But they cannot be said to belong to anyone as private property bull

The seashore is still treated specially In current

California law private property terminates at the mean high

tide mark1 unless a grant from the state specifies otherwise

the tidelands belong to the public Even if the state deeds

the tidelands to individuals the people retain the right of

public use for navigation and commerce This tideland trust

has its historical roots in the treaty which ceded California

to the United States--the Treaty of Guadalupe Hildalgo This

treaty placed all of the states tidelands under a public

trust Not only does the public hold a trust on these lands

but access to the tidelands is guaranteed in the California

Constitution article XV section 2 It reads No individual

partnership or corporation claiming or possessing the frontage

or tidal lands of a harbor bay inlet estuary or other navigable

water in this state shall be permitted to exclude the right of

way to such water whenever it is required for some public

purpose nor to destroy or obstruct the free navigation of

8

such water This public right in private property reflects

the motive stated so eloquently by Eivind Berggrav above The

public owns the land between the high and low tide marks and

has the right to gain access to those lands whenever it is

required for any public purpose

We see that legally there is a tradition of some limited

public rights to the seashore Not everyone is enthusiastic

about sharing private rights in property with the public

The particular shoreline dealt with in this paper is the

shoreline in northern Santa Cruz County--from Santa Cruz

north to Ano Nuevo Some of the people along this coast

the landowners whose property a coastai trail would cross

are reserved about the public use of the land

The landowners with whom I talked would argue that there

is indeed a certain amount of defineable essence in the concept

of property Man has a need for territory--a place to call

his own in private peace Those whose families have lived

on the coast for generations feel a responsibility to preserve

the land handed down to them They say and this is often

true that those who rent property or who are traveling over

property do not show the same care feeling~ of responsibility

and labor that longtime property owners show The landowners

did admit that not all property owners were as careful as they

could be but the institution of private property held more

potential in their judgment for preserving and treating land

carefully than public institutions or parks

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 10: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

8

such water This public right in private property reflects

the motive stated so eloquently by Eivind Berggrav above The

public owns the land between the high and low tide marks and

has the right to gain access to those lands whenever it is

required for any public purpose

We see that legally there is a tradition of some limited

public rights to the seashore Not everyone is enthusiastic

about sharing private rights in property with the public

The particular shoreline dealt with in this paper is the

shoreline in northern Santa Cruz County--from Santa Cruz

north to Ano Nuevo Some of the people along this coast

the landowners whose property a coastai trail would cross

are reserved about the public use of the land

The landowners with whom I talked would argue that there

is indeed a certain amount of defineable essence in the concept

of property Man has a need for territory--a place to call

his own in private peace Those whose families have lived

on the coast for generations feel a responsibility to preserve

the land handed down to them They say and this is often

true that those who rent property or who are traveling over

property do not show the same care feeling~ of responsibility

and labor that longtime property owners show The landowners

did admit that not all property owners were as careful as they

could be but the institution of private property held more

potential in their judgment for preserving and treating land

carefully than public institutions or parks

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 11: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

9

With regard to sharing their land with the public some

of the landowners feel that if a group of people asked to

camp on their land they would allow it But to have

people wandering over their property as it it were a public

forest would be offensive--as if someone were walking a~ound

in an urban residents backyard There is an exception to

this Many landowners along the north coast have no objection

to public use of their beaches The main reason for the

exclusionary feelings of one couple is the inconsiderate

behavior on the part of the hikers in wilderness areas This

couple tries very hard to preserve their land yet visitors

still leave the scars of campsites andrestless wandering on

the property

There is another side to the landowners arguments

When they speak of mans need for territory they do not

consider the city dwellers with small yards around their

homes or no yards at all If one family has the right to

enjoy land left in its natural state might that not

necessarily imply that all families have the right to such

enjoyment

Some private landowners do feel great responsibility

for their property and this is commendable But the

system of private property tends to build a shield around

the landowners activities on their land While some people

take special care of their treasured property other people

may be tempted to exploit the land dump their garbage on it

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 12: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

10

and not be concerned about future owners This temptation

for irresponsibility is similar to the behavior of visiting

campers and hikers noted in the interview with the landowner-shy

a lack of concern for the people who will corne by tomrnorrow or

next year In such cases neither public nor private ownership

is a guarantee of quality care

Some public uses of land are accepted by private landowners

A highway is a public use of land that is generally accepted

by the owners of land dissected by the highway Because of

the similarity between a trail and a road it is possible that

the concept of a trail could be more readily accepted by

landowners than other types of public intrusion If a road

or highway were to be planned and built by the state most

landowners would not object The straightening of Highway

One that occurred twenty years ago is an example of this

It seems to be an accepted right of the state to build roads

and a need of the general public to have roads How large

is the difference between a path for automobile traffic and

a path for bicycles or those on foot

Economically this difference is real at the present

time Public roads provide access to proper~y and thereby

increase property value Trails do not benefit landowners

in this way However as the recognized value of trails

for slow recreational travel approaches that of highways for

faster forms of travel the difference to a landowner between

a road and trail over his property will diminish

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 13: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

11

On the north coast of Santa Cruz County are landowners

who treasure the exclusiveness of their property There are

laws in the state of California that ensure the publics

right to gain access to tidelands whenever it is required for

any public purpose Now there are people who desire to

to create a trail along the coast so that more people can

enjoy its special abundance of beauty

If such a trail is to exist it must be planned in a way

that will receive the acceptance of the landowner Once

again social thought is important to this plan The very

fact that a right of way can potentially be obtained

reflects a growing desire for public contact with coastal land

even when that land is privately owned The methods by which

a central California coastal trail can be acquired will

depend upon the current thought of the population landowners

and court

A pleasing method of acquisition would be for the landowner

to donate or sell an easement for a right of way but fears

exist to prevent this Landowners fear liability for injuries

sustained on their property public abuse and misuse of their

property and loss of privacy These fears 9an be intelligently

dealt with during the process of negotiating for rights of

way If this is done and the owner is willing to donate or

sell an easement the costs of other methods of acquisition

can be avoided

Court decisions for liability against landowners often

receive much publicity These cases often deal with recreationists

who have paid to use the property California Civil Code 846

12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

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12

states that the landowner owes no duty of care--responsibility

for safety--to those who do not pay to participate in recreational

uses of his land In 1968 the Supreme Court of California

decided in Rowland v Christian that landowners are liable

for injuries sustained by those using the recreation on their

land free of charge In other words the court erased the

distinction between duty of care owed to paying and nonpaying

users In 1970 however the Legislature reacted to reenforce

these distinctions One of the laws enacted at this time

Government Code 8314 gives immunity to a public agency to

any injury occuring on a trail or on an unimproved road used

for access to certain recreational activities The grantor

of the easement is also given immunity This means that when

~ a property owner donates an easement to a public agency or public

employee neither is liable for injury if the easement is either

unimproved or properly designed and maintained

Another new law Civil Code Section 846 limits the

liability of landowners when their land is used for certain

recreational purposes including hiking and riding This

section does not protect them from duty of care owed to paying

users invited guests or from the liability for a willful or

malicious failure to warn against danger

Although these laws offer some protection they are unknown

to many landowners In an effort to escape liability landowners

have tried waivers and contracts to release them from liability

but these methods have not stood up in court Landowners

should be aware of the protection provided by law and of the

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 15: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

13

benefits of liability insurance If the easement is

dedicated to a public entity then it becomes the public

entitys responsibility to maintain the premises Once

the landowners are aware of the laws and the protection of

dedicating an easement to a public entity their fear should

be calmed

Landowners also worry about damages done by the public

to their property and they are concerned over their loss

of privacy There are several solutions to these problems

Where access crosses near to development the public access

can be hidden in a gully or ravine or separated by a barrier

of shrubs or trees On longer segments of trail where landshy

owners fear maintenance costs a trail patrolman such as the

r one at Castle Rock State Park could watch the area

Maintenance of the area would probably be less expensive

than complete prevention of disturbance Small segments of

the trail could be given to individuals or groups to maintain

In Switzerland this is done quite effectively Footpaths

are determined and maintained by district branches of the

Swiss Footpath Protection Agency Each district has exclusive

supervision over its footpaths Each path is examined and

kept in repair periodically

Solutions like these can be presented to the landowners

when discussing acquisition The landowners may have

suggestions as to methods of teaching the users of the

trail careful treatment of the valuable assets of natural land

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 16: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

14

The owner should be encouraged to dedicate the property

Even if he is willing to sell the right of way this can be

much more harmonious than court trials or eminant domain

proceedings If the owner will not sell or dedicate the

right of way the other solutions are possible

A knowledge opound the variety of means to attain public

rights in property is necessary The set of rights that make

up property rights are not tied up in an inseparable bundle

A few of these rights may be purchased as easily as the

entire bundle Someone may want to buy the right to cross

over another persons property A community may buy the

development rights to someone s land cThis would mean that

the landowner retains the right to cross his property to

visit it or sell it and he also retains other privileges of

ownership Only the community though has the right to

develop the property Purchases of one or a few rights are

called easements Easements are generally cheaper than

purchase of what is called fee simple absolute--full purchase

of the bundle of rights involved in owning property The

cost of an easement depends upon the depression in land value

that results from selling the rights In urban areas where

the value of land is virtually its development potential

easements to restrict development can be as expensive as fee

simple absolute

In California easements are becoming a valuable aid

in obtaining and retaining land rights for recreational

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 17: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

15

activities The types of useful easements vary from

government purchase to implied dedication of beach areas

Governments have the right to acquire these interests in

land as long as the purpose of the acquisition is public

welfare Recreation is now considered to be public welfare

At one time there was debaLd ~oncerning the domain of the

term public welfare Just what does this term include

The California Legislature passed the Open Space Act in 1959

This act broadened the idea of public welfare to include open

spaces and areas for public enjoymentS Open space according

to the legislature is an area with natural beauty or an area

with some quality--openness natural state or present use-shy

that if retained would increase the value of neighboring

urban development or be a valuable part of conserved scenic 6 or natural resources

This definition was further redefined to specifically

include recreation in the Open Space Easement Act of 1967

This act enabled California cities and counties to acquire

easements on land for open space within their jurisdictions

Preservation of open space resulting from these easements

must he consistent with the general plan and must be in

the best interest of the jurisdiction The publics enjoyment

of beauty and recreation the use of resources or the production

of food or fiber must be of major importance in the area

If money is available for the creation of a trail

purchasing a right of way easement is often the best way to

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 18: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

16

obtain the right of public use of the trail If money is

limited and the trail has already had public use for five

or more consecutive years another type of easement may be

applicable called easement by prescription

Easements created by prescription are created by

regular open use of someones property for five consecutive

years before the claim is made The use must be actual and

beneficial to the person claiming the easement The use

must be consistent during the period 7

Originally an easement by prescription was based upon

the presumption that the right had been granted but that

the grant had been lost and generallyit may be acquired by

the exclusive and uninterrupted use and enjoyment of the

~ right for a period of time analogous to the time sufficient

to acquire title by adverse possession uS

The attainment of easements by prescription is not

limited to private individuals The residents of a town or

city as a corporate identity can claim prescriptive easements

When a city or town does this it must prove its rights by

past record of regulation and control over the land upon which

an easement is claimed 9 It is in this ability of a

municipality to obtain easements by prescription that the

value of this method of acquisition lies

This use of easements for recreational purposes is

demonstrated in the case Gion v city of Santa Cruz (2 C3d 29)

The case dealt with three parcels of shore land Each lot

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 19: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

17

had a raised protion adjacent to a public road Cars had

been parking in these areas for sixty years Exclusive of an

old road bed the area had only been used for public pleasure

although it had been privately owned since 1880

The city had done maintenance in the area They pilled

in holes and placed riprap in weak areas They installed

an emergency alarm system School children planted iceplant

the city paved the parking lot and the sanitation department

maintained trash receptacles and cleaned after busy weekends

This maintenance activity was important to the citys claim

for an easement

The public had freely used the area to fish swim

picnic and watch the ocean The previous owner never told

anyone to leave The publics activity had been continuous

from 1900 until the time of trial The new owner had full

knowledge of the public use and city maintenance

The Santa Cruz Superior Court ruled that Gion was the

owner in fee of the property but his title was subject to

an easement in the City of Santa Cruz The Court based their

finding on several facts The publ~c had used the land

for an excess of five years The city had exercised

continued and uninterrupted dominion and control over the

property for a time in excess of five years In addition

Gion knew both of these facts when he bought the property

All of the conditions for an easement by prescription were

thus fulfilled

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 20: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

18

The California Supreme Court upheld the lower courts

ruling The Supreme Court indicated the importance of the

fact that the public looked to the city for maintenance

The Court based its ruling on implied dedication

Implied dedication is another type of easement Its

basis is dedication--the gift of property or an easement of

property to the public and the publics acceptance of the

gift

The theory of dedication according to George ThompsonIO

is based on the principle of estoppel

That it is a violation of good faith to the public and to those who have acquired property with reference to the easement to deny its existence The doctrine rests on intention or a clear assent of the owner and must be under circumstances indicating abandonment to the use of the generalpublic bull

The owners intent to dedicate is the distinguishing

feature of dedication The acceptance by the public is

also very important These two facts--intent and acceptance-shy

are central Once a dedication is accepted it is irrevocable

In 1854 a court stated three methods of applying common

law dedication II The first was by deed or overt act of

the landowner The second involved a presumption arising

from long-time public use Acquiescence of the landowner

in public use was the third type12 Any dedication without

a written deed is implied dedication

In Union Transportation Co v Sacramento County 42

Cal 2d 235 the court summarized dedication into de~ioation

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 21: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

19

~ as implied by law adverse use and dedication as implied

in fact by acts of the owner or his acquiescence Once

again the ideas of acceptance and owners intent define dedication

The Gion-Dietz decision has been hailed as expanding the

limits of implied dedication to include beaches and to judge

mere public use as sufficient to establish adverse use A

trial judge in county of Los Angeles v Berk Civil No 999043

said during oral findings that he felt that the Gion-Dietz

decision required him to find tha~ a dedication of property

had been made when the public had used the land for five

years He admitted that he was unhappy with his decision 13

He made no mention of adverse use or of the owners intent

What did the court in Gion vSanta Cruz really say

The court said that common law dedication of property

to the public can be proved two ways One way is to show

acquiescence of the owner in use of the land under circumstances

that negate the idea that the use is under license The other

way is to show open and continuous use by public for the

prescriptive period l4 These two comments are directly from

Union Transportation Co v Sacramento County

The court continues to define the type of use needed for

dedication They say that dedication by adverse use examines

the intent and activities of the public The users must

act as if they are actually claiming a public right in the

property They must use the land as if it were public land

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 22: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

20

If the users look to a governmental agency for maintenance

of the land this is significant in establishing implied

dedication15 Also varied groups of persons must have

used the land Together all of the requirements mean

something more than mere public use

The court also gave the defendants a defense The

owner of the fee simple can prevent public use This

attempt must have been more than minimal and ineffectual

The owner can also prevent dedication by proving that the

public used the land by license 16 It is up to the owner

to prove he did have a license rather than to the public

to prove he did not

Whether or not the doctrine of implied dedication can

be used in obtaining the right to public use of coastal trails

is yet to he seen There is no exact precedent--but the

court in Gion certainly did not exclude hiking from the

recreational activities that determined that dedication Parts

of a new trail that have traditionally served as a public right

of way may be subject to implied dedication

Another form of dedication that holds promise is dedication

of recreational land that can be required o~ subdividers

In 1965 the California Legislature authorized cities and

counties to enact ordinances which would require dedications

of land or fees for park and recreational purposes from

subdividers I The dedications that can be required by

subdividers are public easements These easements CQuld

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 23: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

21

very well prove useful in adding segments to a trail in

growing communities

There are four restrictions on a jurisdictions power

to require recreational dedications The ordinance must

set specific standards to determine the proportion of the

subdivision which the developer must dedicate This

restriction is to prevent inequalities against any of the

subdivision projects The second restriction req~ires a

recreation element in the local legislatures general plan lS

The last two restrictions are very important The

dedication must be limited to use for recreational facilities

serving the subdivision In a similarsituation in Illinois

a court denied a dedication for a school and playground from

the developer of a two hundred and fifty unit subdivision

It appeared to the court that the demand for schools and

recreational space was the result of the total community

activity rather than the subdivisions activityl9 From

this it can be seen that in Illinois an entire communitys

recreational needs cannot be met through subdivision law

Only proportionately to the size of the development can

public recreational land be added in this w~y This type

of law allows a growing community to expand recreational

facilities with the growth of population

The fourth restriction on required subdivision dedication

is that the amount of land dedicated must bear a reasonable

relationship to the recreational needs created by the

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 24: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

22

20subd1V1S10n The California Supreme Court has not limited

the cities and counties with this restriction They ruled

in 1971 that the general public need for recreational facilities

justified dedications 21 This ruling lifts the burden of the

restriction from the jurisdictions and allows more power

to demand recreational space

The advantages of subdivision exaction are many It

is inexpensive and easy to administer Projected subdivision

where intensity of land use will be high can benefit tremendously

from the open space that recreational areas with trails supply

These recreational areas ensure open space because the city

or county does not have to improve land as long as it is used 22for recreational purposes Unfortunately subdivision

exaction only applies to land about to be developed This

is a severe limitation because it does not allow for a plan

of recreational areas with priorities Careful planning of

future development would have to be a part of any planning to

be done with extending a trail in this way

An alternative to this careful planning of the future is

a careful search of the past There are many miles of old

right of ways in the form of abandoned aque~ucts canals

and railroad lines Along the north coast of Santa Cruz

County there are long stretches of the old Highway 1 as

well as a railroad right of way These lend interesting

possibilities to trail planning

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 25: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

23

In San Mateo County abandoned railroad rights of way

are still owned by the Oceanshore Railroad Company of San

Rafael South of Carmel parts of the old highway still

exist which would make fascinating hiking or biking trails

These rights of way and others of this type should be preserved

for future use as part of a Central California Coast Trail

System

An example of the possible use of abandoned right of

ways is the Croton Aqueduct between New York City and Westcheste~

County In 1966 the state bought the abandoned right of

way and converted it into a continuous walkway from the Bronx

to northern Westchester County

of the several methods of acquisition discussed so far

the easiest is to purchase or be given an easement for a

public right of way from an agreeable landowner This

requires a carefully designed plan for the trail and carefully

designated liability maintenance and protection With

these plans in hand the landowner may agree

Prescriptive easements may be a possible way to acquire

public rights However doubt was cast on this method by the

Carlifornia Supreme Courts ruling of impli~d dedication inshy

stead of prescriptive easement in Gion v City of Santa Cruz

After this ruling implied dedication is a more assured

method of acquiring public rights on land long used by the

public These two methods both require the time and expense

of a court trial

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 26: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

24

Requirements for dedication of subdivisions have a lot

of potential if the coast is going to be built up But

since one purpose of this trail is to protect the natural

environment of the coast subdivision dedication is not

practical The Central California Coast Regional Conservation

Commission has successfully attempted a variation on this

method They have required dedications of trail rights of

way on certain permit requests on the Big Sur Coast

The old rights of way are tr~ly a rich promise Utilizing

old rights of way interxupts minimally with land uses requires

less construction costs and should be inexpensive It is

very important to preserve these old stretches of highway

secondary roads and abandoned railway rights of way

So far this discussion of acquisition has dwelled

predominantly on the judicial basis for obtaining public

rights in land Legislation has also played an important

role in the increasing abilities of the public to obtain

rights of way At the Federal level one bill and one act

have potential for significant contributions to this aim

The Federal-aid Highway Act of 1973 and the National Open

Beaches Act each add uniq~e possibilities

The Federal-aid Highway Act of 1973 included a provision

for expenditures of Federal-aid Highway monies for bicycle

and footpaths On March 25 1974 the Federal Highway Commission

announced that these monies could be spent on paths outside

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 27: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

25

of the normal highway right of way The paths may be built with

70 percent Federal monies and 30 percent State monies The

Act provides a two million dollar limit per any state per

fiscal year Assistance should be sought through the California

State Highway Commission

In 1969 Bob Eckhardt introauc~d a bill in the House of

Representatives which is known as National Open Beaches

Bill of 1969 This bill H R 6656 would make it illegal

to interfere with the publics use of all beaches--and beaches

are defined in the bill as including the area between the high

tide line and the vegetation line or inland 200 feet from

the high tide line Texas Bob Eckhardts native state

passed a similar bill in 1959 which is entitled the Open

Beaches Act This national bill if enacted would simplify

immensely the costs of time and acquisition in implementing

the California coastal trail A hiking trail along the

coast would most certainly stay overwhelmingly on the

beaches themselves where no specific acquisition would need

to occur under this bill

California as stated earlier has long encouraged

and permitted public use of the coast Today public land

includes only the area between high and low tides although

there is evidence that the dry sand area of the coastline

has been treated as public property throughout Californias

history 23 Recently the legislature has introduced bills

which would help renew the publics access to the coast

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 28: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

26

In Assembly Bill 3594 (Dunlap) which would require a

California Recreational Trails System Plan and supply the

agency to implement such a plandeg lists as its first recommendation

for a trail to be studied and implemented a trail linking

state parks federal recreation areas and other areas of

statewide or national significance located in coastal areas

This bill would give the Director of Parks and Recreation

the right to use eminant domain when private property forms

a necessary and unavoidable link ~n a proposed state trail

Agreements with private landowners could result in gifts of fee

title easements or lesser interests If this bill passes

the possibility of a state trail along the horth coast of

Santa Cruz is a strong possibility

Senate Bill 420 (Collier) was signed by the Governor

in May 1974 This bill appropriates $2150000 from the

Abandoned Vehicle Trust Fund to be used by the State Department

of Parks and Recreation to provide hostel facilities in the

state parks and to acquire lands for develop and maintain

recreational trails to and between the hostels Santa

Cruz is one of the counties specified within the bill

The California Coastal Zone ConserVation Commission in

its draft recreation element also concerned itself with

public access to coastal areas It emphasized the importance

of eminant domain as a last measure The State of California

has the power of eminant domain in parks paths roads for

bicycles tricycles and motorcycles and public transportation

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 29: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

27

Each state agency must be specifically endowed by the

legislature to use this power IfAB 3594 passes the

director of the Department of Parks and Recreation

will have this power

The Coastal Zone Conservation Commission has also

suggested legislation that woul~ Qc~lare Californias dry

sand beaches to be public property In Oregon in Thornton

v Hay the State Supreme Court decided that the people of

Oregon have the right to enjoy Oregons beaches because

they always have enjoyed this right Under the doctrine

of Customary Rights if a given use of anothers property

goes back before recorded history it is assumed to be a

legal right The Oregon court ruled that the people had been

using the beaches as public land since before the State was

organized therefore the Doctrine of Customary Rights was

applicable The suggestion to declare Californias dry sand

beaches as public property follows the Oregonian decision

Summary

property landowners an eager public and an idea for

a trail have each vied for position in the first section of

my thesis Property it is learned is nota material

possession but the possession of certain rights agreed upon

by society and defensible in law Landowners own some of these

rights The public would like to believe that they too

own some rights in the coastline A trail would provide public

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 30: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

28

access to the coast with minimum disturbance to the

landowners

For example a foot path which crossed the beaches and

climbed over cliffs where necessary would generally stay on

land that many landowners dont begrudge to the public If

a publi~ ~qency acquired the rights of way to such a trail

assuring the landowner of the agencys responsibilities such

a trail would bless all

The main question asked in this section was how is the

right of way for such a trail obtained An easement can

be purchased or perhaps donated The public could witL the

right of way in court through the doctrine of implied dedication

or perhaps prescriptive easements The property could be

bought in fee simple

For most of the northern coast of Santa Cruz County

the easiest and best way to acquire the property would be through

purchase or donation of an easement The best easements to

buy are abandoned or partially used rights of way For

liability reasons a public agency should be the owner of

the easement or be the recipient of the dedication At the

end of this thesis after design considerations are discussed

and routes recommended the information in this chapter will

be used more specifically

Design

Questions of physical design will involve several factors

1) the physical characters of the area--its topography plant

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 31: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

29

and animal communities and its values 2) the advisability

for separate foot and bicycle paths and 3) the nature

of possible conflicts and blessings resulting from the physical

proximity of public rights of way to existing private uses

of the land

The topography of this region is very significant

The northern coast of Santa Cruz County is largely made up

of marine terraces These terraces are old beaches that have

become exposed and worn partially away by the changing levels

of the ocean and land The result is that the beautiful

beaches backed by rocky cliffs are interrupted periodically

by cliffs which reach out to sea The plateaus on top of

these cliffs are mostly used as brussel sprout fields

Segments of the old Highway One still exist as fragments

A railroad track and right of way still parallel the hew highway

on the ocean side Tractor roads combine with the old highway

and present railroad right of way to form interesting potential

for the beginnings of a trail along the top of the lower

cliffs still within view and reach of the ocean and its

promising beaches On the San Mateo Coast an abandoned

railroad right of way once used by the Oceanshore Railroad

Company still exists

Hikers capable of climbing and descending cliffs would

benefit from a trail which traces the beaches of the north

coast Bicyclists on the other hand need less lively

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 32: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

30

terrain and harder ground than sand and verbena A trail

along the terraces above the beach would allow the gentle

grades and curves requisite for a bicycle trail The

view would still justify the traiEs existence

Other benefits of a separate trail for bicyclists would

be enormO~b The dangers and impracticality of bicycling on

Highway One are obvious and yet there are frequent I

travelers on bicycles there especially in the summer A

special bike trail would not only provide all of the fine

recreational activity near the urban area of San Francisco

and Santa Cruz but it would serve to provide safety for

a segment of the society already enjoying the excitement

of bicycling along the coast

The idea of two separate trails is suggested by the

topography of the region The topography suggests other

design elements as well There should be feeder trails

perpendicular to the shore leading from the bicycle trail

to the scenic points on the coast The experience of bringing

a bicycle down a cliff would be detrimental to the bicycle

cliff and possibly the bicyclist The heads of these

trails should include some type of subtle structure in which

to safely leave the bike All of the feeder trails should

be foot trails

Another element to be considered is the frailtymiddot and

strength of the areas ecology Trails along the coast would

need to take advantage of the areas already used for travel-shy

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 33: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

31

such as the secondary roads railroad right of way and sandy

beach in order to preserve ~ maximum of natural area

Especially fragile areas such as the fern cave located

on the Wilder Ranch need to be protected The cliffs

should be subjected to as little climbing sliding and

criss~crossing as possible These fragile areas deserve

a trail design that will avoid them where possible and

cross over them safely where necessary Staircases especially

designed to blend in with the faces of the cliffs should

be provided Bridges may be appropriate over narrow ravines

Information given to those wishing to take t~e hike or

bicycle excursion should include descriptions of the novelty

valUe and fragile state of certain of the coasts features

It should not be allowed to pick plants or destroy wildlife

of any kind

The other major consideration in planning the trail

is the landowner The effect of keeping the hikers on the

actual beach as much as possible will limit in the interaction

between the landownersland uses and the hikers It may

seem advisable to build a fence or plant shrubs between the

paths and the brussel sprout fields where the path crosses

the fields These barriers have many benefi~s They can be

an attractive way to isolate the traveler from the fields

There is a hedgerow of Ceonothus used in this way along Bay

Drive as it approaches the University of California at Santa

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 34: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

32

Cruz Shrubs are also frequently used along footpaths in

Europe But beauty and isolation are not the only thing

such a barrier contributes--it can also act as a wind

barrier for both the farmer and the hikers The agency

which builds the trail should be responsible for the costs of

planting these shrubs or the co~tc of building a simple

fence where barriers seem necessary and appropriate

A bicycle trail such as the one suggested would be in

greater conflict with the landowners activities This

would be minimized by using existing rights of way as suggested

earlier I suggest locating secondary roads tractor roads

segments of theold highway and old or current railroad

rights of way on one map Residences and fields through

which these paths travel should also be included From this

information a trail could be devised that benefited from a

maximum of preexisting road and a minimum of interference with

residents and their activities The landowners themselves

may have valuable suggestions as to appropriate routes

The construction and organization of foot and bicycle

trails could actually benefit the relationship between

farmer and traveler Currently real conflict does exist

between the land owners and the increasing numbers of people

who c~oss the inland area to reach the beach At this

time the landowner is left to fend for himself in

diSCOUraging interference with his own activities and

protecting the environment The situation has little promise

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 35: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

33

of easing up because more and more people are discovering

the north coast

What if the public or specifically a public agency

were to take over the responsibility of assuring cooperation

in these two activities The public would be in a unique

position to resolve the conflicts if they owned rights in

the activity they were pursueing--in other words if the

public owned a right of way along the trail By formally

giving the right of way to the public the landowner also

gives away some of the responsibility that he is presently

bearing

This responsibility will first be demonstrated in a

trail design which would protect both the interest of the

landowner and the enjoyment of the public and which would

protect the fragile physical features of the north coast

If such a design is envisioned the success of the project

will be increased The public agency in charge of such

a trail should guide the users into attitudes of respect

for the-middotplans to prevent erosion and discourage irresponsible

behavior

Although the importance of remembering the needs and

knowledge of the landowners cannot be -minimized where

acquisition is needed there are some parts of the coast

where acquisition of a right of way will hot be necessary

at all--these are the state and federal parks Although the

land is owned by the government there are still problems to

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 36: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

34

be worked out Efforts should be made to ensure that the

trail passing through a park conforms to match existing

trails This must be done to preserve the attitude of least

disruption that should pervade the design of a coastal

trail

Some government land--such a~ the recently purchased

Wilder Ranch--is yet undeveloped for publicufJe The plans

for a coastal trail may aid in the design of the future

parks if communication is maintained between the park

designers and the trail planners The design of the

trail which would cross these lands must conform to the

requirements of trails within state or national parks

One last thing to keep in thought while planning

such a trail is its purpose The idea behind this trail

is to provide access to a beautiful part of California

which happens to be unique in its diversity and character

Also outdoor recreation especially in the forms of trails

is an increasing demand of urban areas The trail must

b~ designed to provide access to the heart of its beauty-shy

the interface between land and water The feeder trails

suggested earlier would accomplish this Not only would

they be a means of bringing bicyclists down to the sea but

they would provide access to the beach trail from many

points Those who care only to walk a short distance would

be provided with a variety of entry and exit points

because the proposed bicycle trail would often be near the

highway

I

I

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 37: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

I 35

A large part of the success of this trail would be

its ability to blend in with its surroundings In this

sense the structures and facilities accompanying the

trail are of vital importance

The structures to be used in this trail must be

practical as well as harmonious with the coastline They

must be made of materialthat can withstand long years of

use in an atmosphere of salt water wind sun and storm

Simplicity must be the theme of these structures The

beauty of the coast should not be in competition with elegant

or ornate man-made bridges stairs and bicycle b stands An example of a style which blends well with

coastal magnificence can be seen in Northern Ireland (see

apendix) bull

The location of such structures is also important When

stairs are necessary to descend a cliff face they should be

located in such a place that the total panorama is defaced

as little as possible The moresubtlty that can be built into

the design of these structures the better

What exactly is needed For the foot trail along the

beaches ladders will be needed in climbing over certain

cliffs to protect them from abuse Other cliffs t difficult

to climb could be ascended more safely with stairs At the

top of the terrace fences may be needed to ensure protection

for the brussel sprouts and privacy foil the farmer and workers

Styles may be needed occasionally to cross some fields along

the trail

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 38: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

36 I 1

For the bicycle trail much of the construction needs 1

will depend upon the route that is chosen At the head

of the feeder trails though some type of inconspicious I Ibike rack is needed Bicyclists on long distance rides i j

often do not carry locks so it would be advantageous if

the bike rack had a locking devlce ~ri th a removable key

such a luggage compartments at airports or train stations

and ski racks at ski areas

Other facilities are needed At certain prime

access points there should be some type of parking facilities

These locations would also be logical points to put restroom

facilities It would be best if the travelers would leave

the main trail and follow a feeder trail to the access point

restrooms and running water All points of access to the

trail should have garbage cans and should have the information

that all other access points have garbage cans The traveler

should be encouraged by this information to keep his trash

with him until he leaves the trail Wherever possible the

established parks should be relied on to provide these

facilities

Another structure that could prove beneficial to the

trail would be a little less directly related to the trail

itself In Some European countries there is a special place

on buses for bicycles If a coastal trail is established

buses could be used to transport people with their bicycles

to the place from which they wish to embark on the trail and

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 39: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

37

then pick the people up at their destination and return

them home Another user of such a bus would be the bicyclist

or hiker who hikes or rides away from his car and then needs

a ride back to his point of origin

An alternative to sending buses up and down the coast

period~cly middotmiddottOuld be a passenger train For parb~ of the

distance up the coast there are tracks currently used for

freight trains Perhaps a passenger train could adapt itself

to carrying bicycles easily

Summary

The form of trail I have proposed has a variety of

benefits It can be traveled a lo~g distance to please

those who desire to travel for a long period of time

With frequent access trails from the road to the bicycle path

and from the bicycle path to the beach people who prefer

shorter trips could use the system also With the highway so

near transportation could be provided to and from Santa Cruz

to certain areas of the trail but the users of the trail

would have the option of setting out from the edge of town

on foot or bike

The trail would serve to bring the public to the coast

and give them the opportunity to enjoy it in all its diversity

and color Thus the trail would be fulfilling the goals set

out for it in the beginning of this thesis

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 40: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

38

Conclusion

A trail is not born easily It is born out of the dreams

of many and out of the persistence of a few The idea for

a central California coastal trail is not new--the Sierra

Club has been leading hikes along some of its length of the

coast only to meet with unhappy lanuowners and insurmountable

1cliffs A bill in the California Legislature has specifically III

stated the need for a trail along the coast to connect the

state and federal parks Now the California Coastal Zone 1 i II

IConservation Commission is considering the possibilities of I

a trail along the entire coast of California But the 1 implementation of a trail requires more than ideas more

even than legislation It requires a knowledge of the area

to be traversed it requires a knowledge of ownership

patterns and it requires knowledge of the legal and social

responsibilities of publicly maintaining a trail Finally

it requires a group of people to acquire construct maintain

and supervise the trail

The thesis is incapable of providing people to build

upon an idea But hopefully it has illuminated some of the

processes of gaining legal and socially acceptable entrance

to a coast of outstanding beauty It has endeavored to

guide the design of a trail into quietness and simplicity

that would grace the grou~d it covered instead of treading

on the natural surroundings

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 41: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

39

The trail proposed in this thesis would not be routed

entirely on existing public property For this reason the

planners of this trail must communicate with the owners

of coastal property and reach an agreeable decision about

a right of way If an owner will not donate or sell a~

easement to the responsible public agency the circumstances

must determine how the property rights are to be obtained

In cases which fit the requirements for an implied dedication

plea the court may be the answer If an agency is involved

that has the power eminant domain purchase may be the

answer The situation of power social activity and

thought will determine the method for acquiring public

rights of way

Before rights of way can be specifically obtained a

route must be established I recommend that a foot trail be

created that follows the coast by using the beaches for a

route wherever possible The path may follow the edge of

the terrace where no beach protects the cliff from the

waves Where erosion is a problem stairs can be used to

ascend cliffs and carry the travelers above the eroding

cliff face These stairs could be very simple--perhaps

resembling a ladder

The bicycle trail should be farther removed from the

beach Its route should take advantage of existing rights

of way such as old roads and tractor trails This would

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 42: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

40

prevent unnecessary interruption of eXisting land uses and

provide a head start on construction of the proper surface

In the beginning of this thesis I suggested that a

coastal trail could be a tool for bringing man closer to

wild places Myhope is that if this trail is ever initiated

it will b~ designed in such a way that it will promote

healthy-relationships between visitors and property owners

instead of reenforcing established disagreements1 that it

will encourage preservation of the coast while providing

recreation and beauty for its travelers 1 and that it will

bring more of the beauty of nature into the awareness of

mankind

II

III II II I I

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 43: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

41

Explanations of Photographs

A A bench invites the hiker to rest a moment and

perceive the coast

B This photograph shows the manner in which a fence can be useful in separating the agricultural land from a

coastal foot trail In some situations a hedge might be

used instead of a fence and serve as a windbreak There

is no barrier between the path and the cliff edge Such

a barrier would tend to interrupt the skyline when viewed

from belOtmiddot or from above The National Trust of Northern Ireland said in a letter to Peter Scott dated 17th April

1972 Local landowners on the whole are very pleased with

the result because by providing access to the coast for the public peopl are channelled away from agricultural land

where they can be a nuisance knocking down fences lmiddot~aving

gates opn etc

C and D Two types of styles used on the trail in Northern Ireland

E Here is a simple way to cross a stream

Please notice the simplicity with which th2se strucshy

tures were built They are all practical unobtrusive

and usefUl

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 44: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

Footnotes

1 Aldo Leopold A Sand County Almanac p xvii

2 Whyte William The Last Landscape p 163

3 Berggrav Eivinid Staten og Menneskey Land Og Kirk 223-24 (1945 as quoted in Fred Mann Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britian p 458

4 Johnston Hugh Coastal Access and the Law p 113

5 Cal Govt Code 6950

6 Cal Govt Code 6954

7 28 Corpur Juris Secundum 645

8 Ibid 640

9 poundpound 643

10 Thompson George Commentaries on the Modern Law of Real property Vol 2 p 466

11 City of San Francisco v Scott 4 Cal 114

12 Gallagher John V Implied Dedication Waves of Gion-Dietz p 53

The Imaginery

13 28 Corpus Juris Secundum 640

14 Thomas Gion v City of Santa Cruz Robert B King 2 C 3d 38

Lester J Dietz v

15 Ibid pp 38-39

16 Ibid p 41

17 Taking Without Compensation Through Compulsory Dedication pp 218-219

18 Rhea Gordon C California Land Use Primer p 37

19 Pioneer Trust and Savings 22 Ill 375

v Village of Mount Prospect

20 Rhea loccib

-shy

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 45: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

21 Ibidp 38

22 Ibid p 37

23 California State Coastal Commission Element p 71

Draft Recreational

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 46: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

Bibliography

California Assembly AB 3594 Dunlap

California Civil Code 846 ICalifornia Government Code 6950 6954 and 8314 III

California Senate SB420 Collier

California State Coastal Commission Draft Recreational Element May 1974

City of Palo Alto California Trails and Paths Plan July 1968

City of San Francisco v Scott 4 Cal 114

Corpus Juris Secundum volumes 28 and 28

Department of the Interior Bureau of Outdoor Recreation Private Lands for Public Recreation Use Preliminary Report Southwest Region February 1974

Department of the Interior Bureau of Outdoor Recreation Proceedings National symposium on Trails Washington DC 1971

Department of the Interior Bureau of Outdoor Recreation Trails for America Report on the Nationwide Trail Study December 1966 f

Gallagher John V June Curt W Agnew Gerald E Jr Implied Dedication The Imaginary Waves of Gion-Dietz Southwestern Law Review Volume 5 number I Spring 1973

Leopold Aldo A Sand County Almanac Sierra ClubBallantine Books New York 1966

Mann Fred L t Trends in the Use of Public Controls Affecting Agricultural Landownership in Europe and Great Britain Iowa Law Review Volume 50 number 2 Winter 1965

Pioneer Trust and Savings v Village of Mount Prospect 22 Ill 375

bull Public or Private Ownership of Beaches an --=-aT1t-er=-naLtive to implied dedication UCLA Law Review I Summer I

1971

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain

Page 47: Acquisition and Design Considerations of a Central ...spatial.cisr.ucsc.edu/envs/thesis/VincentL1974.pdf · central California coast, and in particular along Santa Cruz county's north

~ Rhea Gordon C California Land Use Primer Stanford Environmental Law Society 1973

Rowland v Christian 70 Cal Report 97

Scott Peter and Cynthia Wayburn editors In the Ocean Wind Glenwood Publishers Felton California 1974

Stallings Constance On the Waterfront Open Space Action Volume 1 number 5 August 1969

Stone Christopher D Should Trees Have Standin~7 William Kaufmann Incorporated Los Altos Ca11fornia 1972

Strong Ann Louise Open Space for Urban America Department of Housing and Urban Development Washington DC 1965

bull Taking Without Compensation Through Compulsory -DeaYica-tion Loyola of Los Angeles Law Review January I

1972 bull

Thomas Gion v City of Santa Cruz Lester J Dietz v Robert B King 2 C 3d 29

Thompson George Commentaries on the Modern Law of Real Pr6~erty volume 2 Babbs-Merrill Corporation Ind1anapolis 1961

United States Congress HRI0395 Eckhardt

Whyte William The Last Landscape Doubleday and Company Garden City New York 1968

Personal Resources

Gerald Bowden Peter Scott Les Strnad Fredrick Styles Dale Wilson Landowners on Santa Cruzs north coast

Correspondence with Consulates in San Francisco

Sweden The Netherlands Switzerland Great Britain