
	Fox Racing Shox Raising Money for Nisene Marks Legal Defense Fund Fox Racing Shox is selling "Free the Trail" T-shirts to raise money to help fight the legal battle behind keeping trails open at Nisene Marks State Park. Please help by buying a $10 T-shirt - 100 percent of the proceeds go to IMBA and Mountain Bikers of Santa Cruz to fund their work to prevent the closures. To buy a "Free the Trails" T-shirt Click Here: www.foxracingshox.com/ftt

Access Threatened at Nisene Marks Near Santa Cruz

Action Alert

Please Write California State Parks Today

For Immediate Release
11-07-04
Contact: Gary Sprung

303-545-9011

Dear California Mountain Bikers,

Mountain Bikers of Santa Cruz and IMBA are asking you to get involved in saving trail access at Nisene Marks State Park. Please take the time to write a letter or send an email to the California Department of Parks and Recreation asking them to appeal a recent court ruling that would close bicycle access to existing and future trails.

A Brief History

Mountain biking has been successfully managed at Nisene Marks for more than 15 years. In 2003, the California Department of Parks and Recreation adopted a new General Plan that expanded mountain biking opportunities on existing and future trails in the park. Shortly after the plan's adoption, a group called Citizens for the Preservation of the Forest of Nisene Marks State Park filed a lawsuit to restrict mountain biking.

In September 2004, the Sacramento Superior Court sided with the Friends group. The decision will prohibit biking at the Park.

Mountain bikers are urged to ask State Parks to appeal this ruling. If an appeal is successful, State Parks will be allowed to proceed with its General Plan and allow mountain biking on fire roads and on appropriate singletrack. The importance of this potential appeal cannot be over emphasized.

What You Can Do

Please write a letter or send an email ASAP to:

CA State Parks (Primary)

David Vincent, Superintendent
Department of Parks and Recreation
Santa Cruz District
303 Big Trees Park Road
Felton, CA 95018

CA State Parks (Alternate)

Mr. Phil Jenkins
District Superintendent
California State Parks
(831) 649-2836

Please also copy the letter to:

Ruth Coleman, Director
California Department of Parks and Recreation
1416 9th Street, Room 1405
Sacramento, CA 95814

Points to make:

Thank State Parks for all the work they have done to suggest expanded mountain biking at Nisene Marks State Park.
Thank them for supporting mountain biking for the last 15 years at the park and for defending shared-use trails.
Ask them to please appeal the Sacramento Superior Court ruling that would limit mountain biking at the park.
In your own words, tell them how you value the trails and appreciate the opportunity to experience nature by riding there.
Ask them to please defend (again) shared-use trails and mountain biking (one of their largest constituency groups).
Mention that mountain biking is a popular sport in California with 5.2 million participants last year (2003 Outdoor Industry Association Participation Study).
Ask them to please defend (again) existing research that demonstrates the impacts of hiking and biking to be similar and that mountain biking is a legitimate, low-impact, human powered sport that is compatible with other trail users.
In your own words, note the stress this closure will put on other trail systems throughout the area with increased bike traffic.

For more detailed information on this issue visit Mountain Bikers of Santa Cruz at www.mbosc.org. A complete background on the issue is also copied below.

Thank you for your time and for getting involved in this very important matter.

International Mountain Bicycling Association
Mountain Bikers of Santa Cruz

Complete Background on the Issue

Access Threatened at Nisene Marks Near Santa Cruz -- Please Write California State Parks Today

Mountain Bikers of Santa Cruz
Nisene Marks State Park General Plan Update
David Green Baskin

Nisene Marks is a park of approximately 10,000 acres, which was formed in 1963 when approximately 9000 acres was donated to the state by the children of Nisene Marks in 1963. The language of the deeds states that the Donors intended to prohibit the use of motorized vehicles in most areas except by park personnel; that they intended to prohibit horseback riding, that they wanted the property to be held in its natural state, with the exception of trails, drinking and sanitary facilities in keeping with the natural surroundings, and that special portions of the property were to be limited to camping, nature study, hiking, and associated activities. There is no specific prohibition of bicycling within the park. The Nisene family deeds stated that if this restriction was violated, state parks would lose the property; it would revert to the heirs of Nisene Marks. The heirs of Nisene Marks later assigned this reversionary interest to the Nature Conservancy.

In 1982 the California legislature enacted a statutory scheme titled POWERS OF TERMINATION. By statute, all of the previously existing common law rights of reversion (such as the ones stated in the Nisene Marks deeds), were consolidated, re-named as Powers of Termination, and subject to the statutes for purposes of interpretation and enforcement. Of paramount significance in the Nisene Marks case is Civil Code Section 885.030, which provides that powers of termination expire 30 years after recording of the instrument which created the interest, unless extended by the recording of a proper notice, prior to the expiration of the power. No such notices of extension have been recorded by the Donors or their successor in interest, the Nature Conservancy. Thus the Powers of Termination in the 1963 and 1965 deeds expired without further action in 1993 and 1995 respectively, unless a proper notice of extension was recorded by the holder of the power.

For the past 15 years or so, State Parks has allowed mountain bikes in the park, limited to the fire roads and certain trails below the steel bridge. It allowed mountain biking on the portion of the park donated by the Nisene Marks heirs, believing that it was a permitted activity under the deed restriction. Bicycles were not specifically prohibited from the park, and State Parks considered bicycling to be an activity associated with camping, nature study and hiking. The main fire road through the park provides an essential connection to the Soquel Demonstration Forest.

In 2003, after a lengthy public process, the California Department of Parks and Recreation adopted a new general plan for Nisene Marks. One of the components of the plan provided for an expanded trail network in the park, which would allow for mountain biking on singletrack in the park, either on new or existing trails, the exact locations to be determined. Which trails might be open to biking was left for further action as the specific trails plan was developed.

Shortly after adoption of the plan, a group called citizens for the preservation of the Forest of Nisene Marks State Park and an individual named Sany Henn filed a lawsuit which was intended to stop State Parks from implementing that portion of the General Plan which would allow mountain bikes in the park.

In September, 2004, Judge Hersher of the Sacramento Superior Court issued an Order finding that State Parks had failed to consider and act in compliance with the intent of the donors by allowing mountain biking within the portion of the park granted by the relevant grant deeds. The judge rejected the numerous arguments submitted by State Parks, including that the deed restrictions were unenforceable as a matter of law. The Order prohibited State Parks from implementing the General Plan pending a final ruling by the court on the impact of the court's ruling on the General Plan. The case is set for further hearing on November 12, 2004, at which time the court is expected to issue its ruling. Once this ruling is issued, State Parks will be forced change the General Plan and to prohibit all mountain biking in that portion of Nisene Marks covered by the family deeds. This will essentially close the park to biking, and close the fire road link to Soquel Demonstration Forest to bikers.

Mountain Bikers of Santa Cruz and other concerned individuals are urging State Parks to appeal this ruling. We believe that the Court of Appeals will enforce California's statutes, find the power of termination and related restriction to have expired, and therefore reverse Judge Hersher's decision. If successful on appeal, State Parks will be allowed to proceed with its General Plan and allow mountain biking in Nisene Marks on fire roads and on appropriate single track. The importance of this appeal cannot be over emphasized.

It is important that we let the folks at State Parks know that we want them to appeal Judge Hersher's ruling. You can write letters or e-mail:

David Vincent, Superintendent of the Santa Cruz District
Department of Parks and Recreation
Santa Cruz District
303 Big Trees Park Road
Felton, CA 95018

David Green Baskin
Mountain Bikers of Santa Cruz

Help | Site Map | Copyright