Feb 20, 2009
Info from the American Sand Association:
Dear Fellow aSa Member (and friends):
The Union Pacific Railroad has indicated that they will close the Wash
Road along the eastern border of the Imperial Sand Dunes Recreation
Area to public travel on May 31, 2009.
While the road is on Union Pacific property, it has been used to gain
access to popular camping areas for many decades. It is the ASA's
position that the publics' use of Wash Road on Union Pacific property
for more than 45 years establishes a public easement. We have informed
UP that we are willing to take legal action as necessary.
Civil Code section 1009 prevents such easements after March 1972.
However, if the ASA can document that the public enjoyed use of the
road for at least five years before March 1972, where the landowner
(Union Pacific) neither objected nor granted permission, we may be
able to escape the restrictions of Civil Code section 1009.
Here is how you can help:
If you used Wash Road from at least March 1967 to March 1972, please
provide a narrative stating your family and friends' personal use of
the Road. Download an affidavit form, put your narrative on the form,
and have it notarized. (Auto Club will notarize for free as will some
banks).
If available, include photos that demonstrate the use. Put contact
info on back.
If available, include Newspaper or other sources of date certain
information. Put contact info on back.
Include any other evidence you think may be appropriate.
Mail to:
Vince Brunasso
c/o American Sand Association
PO Box 1872
Canyon Country, CA 91386
The deadline for this is April 15th.
Contact Vince Brunasso with any questions.
A Sample Narrative can be viewed here.
As always, we thank you for your support.
The American Sand Association
http://www.americansandassociation.org/Unite, Inform, and Mobilize
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