BROCKWAY, Calif. — Officials are asking two lakefront property owners on Tahoe's North Shore to remove signs and fences that may impede public access to a popular beach between the high and low watermarks.
This latest request from California State Lands is one in a decade-long string of correspondence about the contested area at Speedboat Beach, also known as Bucks Beach.
On the California side of Lake Tahoe, the beach area between the high and low water marks is considered a public easement — somewhere anyone can recreate — according to a 1986 California Supreme Court case.
While people can own the land up to the low watermark, the state of California maintains a public trust between the high and low watermarks, said Curtis Fossum, Chief Counsel for California State Lands.
In letters sent Aug. 25 to Robert and Carol McNeil and Marc Desautels, State Lands reiterated the decisions made in previous court cases regarding the public trust.
State Lands asked Desautels to remove the fence on his property as well any unpermitted “No Trespassing” signs.
“We believe the fence is inconsistent with that, so we have asked the property owners to remove it,” Fossum said.
Property owners can use the public trust area in a way that lets the public access it, Fossum said.
The McNeils were asked to remove any items underneath their pier that block public access.
“We've had some success in requesting property owners to remove these fences, and not all have complied,” Fossum said. “Our commission has been taking an interested role as to compliance with the law and protection of public access rights.”
Fossum said State Lands expects a response from both homeowners in a few weeks.
In addition to installing fences, no trespassing signs and other impediments to public access, State Lands also received reports that Desautels and the McNeils (or people acting under their direction) harassed and intimidated people trying to use the public trust.
“What's brought this to our attention is the number of people calling and sending e-mail messages,” Fossum said about the harassment claims.
According to Placer County Sheriff's Office records, more than 20 calls about Speedboat Beach have been logged since May of this year.
Most report people being loud or inebriated on the beach, bringing dogs to the beach or trespassing.
In many of the cases the people left the area willingly or were not there when police arrived. One person was cited for bringing a Chihuahua onto the beach. Another report was filed to investigate a stolen backpack.
“This has essentially become an anarchy zone where people think it's a public beach where no rules are allowed,” said Gregg Lien, a Tahoe City lawyer representing Desautels.
Lien said that his clients have described nudity, lewdity, unsanitary behavior, disturbance of fish habitat, uncontrolled parties at all hours and direct threats to the owners of the property.
“Some method needs to be found to solve the problem here which is a lack of enforcement of the rules that might lead to a more peaceable situation,” Lien said.
The Placer County Sheriff's office does not have any record of any calls regarding nudity, lewdness, disturbance of fish habitat or unsanitary behavior.
While deputies will respond to a situation that requires them to keep the peace on private or public lands, they do not have the expertise to define the border between private and public property.
“Our officers are not surveyors,” said Mark Rathe, Deputy County Counsel. “There are no survey stakes where private and public property is, and our deputies are not in a position to determine who owns which.”
Sheriff's deputies will respond to obvious trespassing, said Placer County Sheriff's Department Sgt. John Giovannini.
This latest request from California State Lands is one in a decade-long string of correspondence about the contested area at Speedboat Beach, also known as Bucks Beach.
On the California side of Lake Tahoe, the beach area between the high and low water marks is considered a public easement — somewhere anyone can recreate — according to a 1986 California Supreme Court case.
While people can own the land up to the low watermark, the state of California maintains a public trust between the high and low watermarks, said Curtis Fossum, Chief Counsel for California State Lands.
In letters sent Aug. 25 to Robert and Carol McNeil and Marc Desautels, State Lands reiterated the decisions made in previous court cases regarding the public trust.
State Lands asked Desautels to remove the fence on his property as well any unpermitted “No Trespassing” signs.
“We believe the fence is inconsistent with that, so we have asked the property owners to remove it,” Fossum said.
Property owners can use the public trust area in a way that lets the public access it, Fossum said.
The McNeils were asked to remove any items underneath their pier that block public access.
“We've had some success in requesting property owners to remove these fences, and not all have complied,” Fossum said. “Our commission has been taking an interested role as to compliance with the law and protection of public access rights.”
Fossum said State Lands expects a response from both homeowners in a few weeks.
In addition to installing fences, no trespassing signs and other impediments to public access, State Lands also received reports that Desautels and the McNeils (or people acting under their direction) harassed and intimidated people trying to use the public trust.
“What's brought this to our attention is the number of people calling and sending e-mail messages,” Fossum said about the harassment claims.
According to Placer County Sheriff's Office records, more than 20 calls about Speedboat Beach have been logged since May of this year.
Most report people being loud or inebriated on the beach, bringing dogs to the beach or trespassing.
In many of the cases the people left the area willingly or were not there when police arrived. One person was cited for bringing a Chihuahua onto the beach. Another report was filed to investigate a stolen backpack.
“This has essentially become an anarchy zone where people think it's a public beach where no rules are allowed,” said Gregg Lien, a Tahoe City lawyer representing Desautels.
Lien said that his clients have described nudity, lewdity, unsanitary behavior, disturbance of fish habitat, uncontrolled parties at all hours and direct threats to the owners of the property.
“Some method needs to be found to solve the problem here which is a lack of enforcement of the rules that might lead to a more peaceable situation,” Lien said.
The Placer County Sheriff's office does not have any record of any calls regarding nudity, lewdness, disturbance of fish habitat or unsanitary behavior.
While deputies will respond to a situation that requires them to keep the peace on private or public lands, they do not have the expertise to define the border between private and public property.
“Our officers are not surveyors,” said Mark Rathe, Deputy County Counsel. “There are no survey stakes where private and public property is, and our deputies are not in a position to determine who owns which.”
Sheriff's deputies will respond to obvious trespassing, said Placer County Sheriff's Department Sgt. John Giovannini.


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