Hikers attempting to navigate a popular fire road in the Upper Solstice Canyon area will come across a not-so-pleasant surprise-passage is blocked, legally. So, what’s a hiker, biker or equestrian to do?
By Dena Feingold / Special to The Malibu Times
Hikers, bikers and equestrians who attempt to navigate the Newton and Castro Motorway fire road loop off the Backbone Trail in the Upper Solstice Canyon area of the Santa Monica Mountains National Recreation Area will have to either turn around or risk trespassing. That is because the loop is partially inaccessible to the public due to two large metal gates erected by a private property owner.
This has disappointed, and angered, some hikers. But the property owner says ill-equipped hikers bothering a caretaker on the land, and other problems caused him to put up the gates.
The land associated with the popular loop is public property with the exception of two short distances where there are in-holdings, owned by James A. Kay Jr., that cover the road. The 850 feet of blocked trail crosses the rectangular-shaped private parcel, which is oriented north/south. The north end of the property holds a series of commercial two-way radio towers on Castro Peak. Known on hiking, equestrian and mountain biking blogs as “the gate,” the 10- to 12-foot fortified barrier is surrounded by razor wire along the uphill and downhill sides, security cameras and signs that read “Attack Dogs,” “Road Closed” and “What Part of No Trespassing Don’t You Understand?” The second property that is inaccessible is located where Newton and Castro Motorway intersect, and is blocked with a post and chain gate.
According to the National Park Service, prior to Kay’s acquisition in 2002, the six-mile route was unobstructed. Kay originally installed swing gates to prevent trespassing and to protect his private property, however, the public continued to go around the gates without any consequences.
“We have a communications facility up at the top with a caretaker on the premises and we get ill-equipped hikers and bikers that need first-aid, water, a bathroom or directions and it drives the caretaker crazy,” Kay said.
In 2003, the gates were then built further up the trail on the uphill and downhill sides, and fortified with razor wire and welded bars to block public access to the private property. Although he allows organized and fundraising hiking and equestrian groups that have requested permission to pass through the gates, Kay said he will not allow the public to pass through because the National Park Service may gain an easement and then possibly claim its has a prescriptive right to the land.
“There are trail groups who are looking at the history of use there in terms of any prescriptive rights, but that is not something we are pursuing as a public agency,” said Woody Smeck, superintendent of the SMMNRA
Outdoor enthusiast and Corral Canyon resident Jason Ward was recently hiking and came across the blocked trail. Questioning the reason for the obstruction, Ward contacted the NPS and was told that the particular piece of trail was not state property nor hazardous, but was private property, and the owner does not like hikers anywhere near his radio towers.
“People have been enjoying this hike for years and should be allowed to continue to do so,” Ward said. “After all, we are talking about hikers-we are typically laid back, nature-loving folks, not nihilistic vandals who systematically trek six miles into the canyon in order to raise hell.”
And Ward is not alone in his dislike for the obstacle. Seasoned hiker and Culver City resident Bill Engels was on his way up Castro Motorway when he came across the gates. Although he is a believer in private property rights, he said he thinks it would be nice if Kay provided a corridor for public access to the trail.
“I usually hike in the San Gabriel Mountains because there is too much private property ownership in these mountains,” Engels said.
Kay said he feels sorry for the people who come up the trail and have to turn around.
“The National Park Service and the Santa Monica Mountains Conservancy are selling maps showing this land as an open road,” Kay said.
The NPS receives numerous phone calls each month about the signs that were installed by the property owner. The signs are posted on Kay’s property, not on park property, and the NPS has not required him to remove them.
“We try to promote trail access in the Santa Monica Mountains and we work very cooperatively with private land owners who do have sections of trail that go across their property, and we appreciate that kind of cooperation and collaboration,” Smeck said. “But I also appreciate the fact that there are some property owners that simply don’t want public access across them for a variety reasons, whether it just be a concern about liability, injury, or an invasion of privacy.”
Castro Peak and Newton Motorway can be accessed via the Backbone Trail at the end of Corral Canyon Road. Backbone can also be accessed off Latigo Canyon Road, Kanan-Dume at tunnel one, or along the Castro Crest area. A map and descriptions of the trails can be obtained online at www.nps.gov/samo