MRCA’s special counsel disputes coverage of encroachments reportage
A legal specialist for the Mountains Recreation and Conservation Authority contacted The Malibu Times with what she characterized as inaccuracies in an article published March 10 on “encroachments” by local residents into a Santa Monica Mountains Conservancy trail easement in Malibu’s Winding Way/Murphy Way neighborhoods.
Elena Eger, the Coastal Projects Special Counsel for the Mountains Recreation and Conservation Authority (MRCA) and in charge of the Coastal Access Program at MRCA, was interviewed by TMT. During the interview, TMT requested that Eger identify the statements in the March 9 article that MRCA believes to be untrue.
At the start of the interview, Eger was requested to be recorded, which is a common journalistic practice to ensure the accuracy and precision of quoted material. However, she declined the request, citing her concerns that her words could be taken out of context.
To begin her clarifications, Eger pointed out that the March 9 article inaccurately stated that “several residents in the neighborhood received letters from the MRCA regarding encroachments” on the Santa Monica Mountains Conservancy’s (SMMC) easements on trails that lead to Escondido Canyon Park (ECP). Eger corrected this by stating that only three residents had received letters.
Eger also disagreed with the article’s claim that Winding Way is the only public access point to Escondido Canyon Park, which features a remarkable waterfall. She clarified that the park can also be accessed through Murphy Way and Via Escondido Drive. In addition, Eger mentioned a proposed new Izumi Trail that is being developed parallel to Meadows Court.
Furthermore, Eger clarified that while the easement for the Winding Way and Murphy Way trails is held by the Santa Monica Mountains Conservancy (SMMC), Escondido Canyon Park is managed by the Mountains Recreation and Conservation Authority (MRCA), which she described as “the operating arm of the SMMC.”
The TMT article cited a report by local radio station KBUU, which Eger claimed was inaccurate. According to Eger, the property in question that was deemed to be encroaching on the easement did not have a mailbox or landscaping removed by the agency. However, she did acknowledge that the MRCA did remove concrete pilings with metal attachments that were found lying on their sides on the property, which may have previously been used as footings. The property had received letters of interference with the trail.
Eger explained that the property owner was first notified of the encroachment issue through regular mail sent on January 10, with a two-week deadline to respond. After receiving no response, another letter was sent on January 24 to the address listed in the Los Angeles County Assessors database. When the MRCA still received no response, they removed the cement pilings from the property in early March.
Eger further stated that the homeowner, who remains unidentified, eventually contacted the agency and claimed she had not received the notices. The MRCA returned “new footings” to the homeowner but requested that she not place them in the same area. According to Eger, the homeowner expressed gratitude for the replacement.
The MRCA paid for the removal of the cement pilings from the property. When TMT inquired about the agency’s source of funding, Eger declined to provide a straightforward answer, explaining that it is a complex issue.
Eger took issue with a quote in the original article from attorney Mike Gatto, who said he was “aware of one incident where MRCA allegedly showed up to a house with a law enforcement officer.” “I don’t think it’s true,” said Eger.
The TMT article also quoted former Malibu City Mayor and Councilmember Rick Mullen. Eger expressed her concern that Mullen’s comments could give readers the impression that enforcing easement encroachments is done randomly.
According to Eger, the property owners in the neighborhood have been aware of the easement held by the Santa Monica Mountains Conservancy (SMMC) for over two decades. She explained that the easement for the public trail to Escondido Canyon Park (ECP) would have been identified in title reports since the mid-1980s, when it was first granted to Los Angeles County as a condition for issuing a coastal development permit for the LACO Waterworks at the top of Murphy Way. The easement was later transferred to SMMC in 1998.
In addition, Eger stated that in 2016, the MRCA applied for a trail permit to build a connector from Murphy Way to ECP, and in 2019 homeowners were given the opportunity to comment on the proposal to the City of Malibu. Dozens of residents responded. Some law firms wrote on behalf of multiple property owners, contesting the validity of the trail easement, leading MRCA to perform a survey identifying the boundaries of the easement. “It’s disingenuous at best to say no one knew,” Eger said.
When asked if a two-week deadline to respond to a notification from the MRCA is sufficient, considering potential delays in mail delivery and the possibility that property owners may be away, Eger replied that it is a reasonable amount of time. She also noted that the agency expects property owners to contact them if there are any concerns or issues, adding, “We’re reasonable people.”
Eger declined the standard journalistic practice of being recorded to ensure accuracy and precision in quoted material, citing concerns that her words could be taken out of context.