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Q: We really enjoyed your New Year's Resolutions and can certainly relate. You mentioned in that column there is an increasing desire for gated residential neighborhoods in Mammoth. We've been watching the latest and ongoing controversy and want to get your impression. So what do you think?
A: Following an eight-year stint as a public official I resigned myself to stay out of politics, but this is clearly a real estate issue so I feel I can answer from that position. However, I'll take a brief stance on my soapbox. This "gate" issue is also a statement about our community at this point in time, and if some proactive measures aren't taken soon the problem will fester and then there is the potential for something really unfortunate to happen.
The whole "gate" issue is being played out all over this town in big and small ways–whether it is trespassing on someone else's property or leaving your garbage in an irresponsible manner or letting your dog poop all over the place. We're all guilty. We really shouldn't be taking Baghdad as a role model for our town.
But the particular problems that are coming to light are due greatly to the manner in which the town has been recently developed. For planning reasons, more and more roads are "private", meaning the municipality (in this case the Town of Mammoth Lakes) doesn't repave the asphalt when it is wore out, doesn't remove the snow when it snows, etc. etc. The police are even taking certain levels of non-responsibility. So the owners take on the burden of the additional expense and liability.
Now some of the recent and particularly contentious problems occur where there are recreational opportunities at the end of these roads. Many of the people who come to utilize these recreational opportunities and are loud, disruptive, leave their garbage, urinate in public, etc, etc. I know, I live at the end of one of these private dead end roads. The liability alone is frightening to me. Fortunately for me I think I have a little better crowd visiting, most are local high school kids, the sons and daughters of Mammoth's fine citizens and business owners. But I can just imagine if I brought a bunch of loud and rowdy friends over to their home or establishment and did the things their kids are doing, they would be appalled and upset. But somehow some of Mammoth's "upstanding" citizens (including some public officials) think that this behavior is acceptable.
I have also witnessed some of this behavior out at Snowcreek Fairway/Ranch. I can't blame the owners for wanting a gate. What it all comes down to is private property rights. (What astonishes me is there are even local real estate brokers that don't believe in private property rights!) Now the other side (the users) wants to claim public (prescriptive) easements or rights-of-way, but all they really want to do is take the shortest path between two points–and park, piss and toke anywhere they want along the way. If they're such back country studs then a little longer walk won't hurt them.
Private real property rights are a fundamental part of this country, and these rights are backed by the laws of our country. (I didn't make these rules I just play by them.) One of these rights is the right of enjoyment, and one of these rights is the right to exclude others from interfering with those rights.
And here in Mammoth and the Eastern Sierra there is nothing more ridiculous than a trust-fund kid who's financial support has most likely been derived from the generational exertion of real property rights who in turn is challenging the real property rights of others. I (we) see it all of the time.
Now I remember last year watching the helicopter rescue at the bottom of the Sherwins. It was quite dramatic. The military rescue helicopter is called in from somewhere in Nevada to rescue a skier/snowboarder who broke his leg after riding off the top. The rescue was dangerous for the pilots, crew and on-the-ground rescuers. But the rescue was executed. Then I remember thinking about the grief that so many of the Sherwins enthusiasts were giving the Snowcreek Fairway homeowners and how was it possible that in our present society we have the tools to make such a rescue. It is real simple –by the massive amounts of taxes paid by people like the homeowners out there.
Maybe we all need a reality check and should reel the clock back just a short 10 years when real property in Mammoth had little value and government jobs were trimmed to the minimum (like paramedic and police services or search and rescue funding). That daring rescue may have never happened or the poorly funded hospital might not have been adequately prepared or staffed. (Those of us that pay property tax have a hefty line item "So. Mono Hosp. Dist. 2002" that has poured millions of dollars into the Mammoth Hospital so that everyone has access to quality emergency care.)
This community is presently so 'high on the ride' we've forgot where we were just 10 years ago. Rather than abusing these homeowners we should be respecting and thanking them for putting so much cash into our community to address the serious deficiencies we had just a few years ago. Maybe some of these outdoor enthusiasts would prefer to go back to the "we'll find 'em in spring" mentality.
In the meantime, don't be surprised if more and more residential areas request to be gated. Major hotels go to great lengths to protect their confines. Tallus already has a gate approved (Do you think they want their conservation area trashed?) It is just a matter of time before the Bluffs, Greyhawk and more want gates. All it will take is a certain level of people not respecting the private property rights of the owners.
As one owner said, "gates only keep the honest people out". So which are you?
Paul Oster is Broker/ Owner of RE/MAX of Mammoth. An archive of his past Q&A columns can be found a www.remax-mammoth.com. You can send him your real estate related questions to P.O. Box 2618, M.L. 93546-2618 or email him at pauloster@earthlink.net. All questions will be researched and presented with the greatest care but accuracy is not guaranteed. For legal, accounting, construction, etc., advice, seek out the appropriate professional
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