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BROCKWAY, Calif. — After more than a decade of debate, a metal fence disrupting the public trust on a North Lake Tahoe beach has been ordered down.
The three-member California State Lands Commission voted last week to tear down the fence on Speedboat Beach and to compensate the lakefront owners if necessary for the cost.
In addition, California Lt. Gov. John Garamendi asked the state attorney general to file a restraining motion against Marc Desautels, the owner of the adjacent property, to prevent him or anyone working for him from preventing the public from using the public trust.
The public trust in California is defined as the area between Lake Tahoe's high and low water mark, an area the public should be able to freely use.
However, at its Thursday, Oct. 22, meeting in Sacramento, the commission heard testimony that the Desautels, and people working for them, harassed people trying to use Speedboat Beach, also known as Bucks Beach, and the public trust area adjacent to the Desautels property.
“People have been met with armed guards and people harassing you and photographing you just so that you have the worst time possible and will not come back,” said Janis Hills, a 40-year resident of the Brockway neighborhood whose family used to own the Desautels property, at Thursday's meeting.
Her daughter Ashley, 27, also testified that she had been harassed while using the land.
“The fence is a substantial physical as well as psychological barrier to the public's right to enjoy the public trust,” she said. “The fence enables lakefront owners to continually harass the public on a minute by minute basis.”
A lawyer for the Desautels, Mark Gunderson of Reno, argued the fence is necessary to protect his client's property rights.
“The concern that the Desautels have is that without regulation this beach is abused and the public trust is not benefited by that adverse use that flows uphill onto the Desautels property,” Gunderson said.
At the end of the almost hour-long hearing, board member Tom Sheehy shared his thoughts.
“I am shocked and very disturbed about the testimony I have heard today about the harassment and tactics being used at this beach,” Sheehy said. “I find those actions completely unacceptable.”
The Speedboat Beach case could affect all of California, Garamendi said.
“We have to be very, very clear here, this isn't just about Tahoe — this is about the entire state of California,” he said. “We have 1,000 miles of coast line where there have been numerous attempts of private property owners to prevent the public entering the public trust.”
Garamendi also asked staff to send out a letter to the Desautels clearly explaining the public's property rights.
The commission did not set an exact timeline for the fence to be torn down or for the restraining order to take effect. However, Garamendi said he wanted the letter explaining the public trust “delivered as quick as possible.”
The three-member California State Lands Commission voted last week to tear down the fence on Speedboat Beach and to compensate the lakefront owners if necessary for the cost.
In addition, California Lt. Gov. John Garamendi asked the state attorney general to file a restraining motion against Marc Desautels, the owner of the adjacent property, to prevent him or anyone working for him from preventing the public from using the public trust.
The public trust in California is defined as the area between Lake Tahoe's high and low water mark, an area the public should be able to freely use.
However, at its Thursday, Oct. 22, meeting in Sacramento, the commission heard testimony that the Desautels, and people working for them, harassed people trying to use Speedboat Beach, also known as Bucks Beach, and the public trust area adjacent to the Desautels property.
“People have been met with armed guards and people harassing you and photographing you just so that you have the worst time possible and will not come back,” said Janis Hills, a 40-year resident of the Brockway neighborhood whose family used to own the Desautels property, at Thursday's meeting.
Her daughter Ashley, 27, also testified that she had been harassed while using the land.
“The fence is a substantial physical as well as psychological barrier to the public's right to enjoy the public trust,” she said. “The fence enables lakefront owners to continually harass the public on a minute by minute basis.”
A lawyer for the Desautels, Mark Gunderson of Reno, argued the fence is necessary to protect his client's property rights.
“The concern that the Desautels have is that without regulation this beach is abused and the public trust is not benefited by that adverse use that flows uphill onto the Desautels property,” Gunderson said.
At the end of the almost hour-long hearing, board member Tom Sheehy shared his thoughts.
“I am shocked and very disturbed about the testimony I have heard today about the harassment and tactics being used at this beach,” Sheehy said. “I find those actions completely unacceptable.”
The Speedboat Beach case could affect all of California, Garamendi said.
“We have to be very, very clear here, this isn't just about Tahoe — this is about the entire state of California,” he said. “We have 1,000 miles of coast line where there have been numerous attempts of private property owners to prevent the public entering the public trust.”
Garamendi also asked staff to send out a letter to the Desautels clearly explaining the public's property rights.
The commission did not set an exact timeline for the fence to be torn down or for the restraining order to take effect. However, Garamendi said he wanted the letter explaining the public trust “delivered as quick as possible.”
