But Roland Reed is among a host of recreation enthusiasts (he\u2019s a mountain biker) who feel that the longtime public use of the trail might constitute what\u2019s called a \u201cprescriptive easement.\u201d That\u2019s a legal argument that says long-term use of the property might make it legal without the property owner\u2019s permission.<\/p>\n
\u201cPeople have been using that trail for almost a couple of decades, most of us have tried to treat it well and take care of it. There\u2019ve been a few jerks, but there always are. We\u2019ve tried not to be a problem,\u201d he said.<\/p>\n A portion of the land in the area is publicly owned, with a number of private parcels that people bought back in the \u201980s, when it appeared the land might be profitable for development purposes.<\/p>\n To orient you, the land lies north of State Route 52, west of the Sycamore Landfill and east of the fence marking the boundary of MCAS Miramar. There are several hundred acres in question here, but only 9.27 acres are the focus of this ever-increasing argument: the 9.27 acres that belong to Santee resident Jack Zarour.<\/p>\n Zarour is an East County painting contractor who says the city is doing everything it can think of to get his land, and has been since 2010. His land sits right on the Spring Canyon trail that\u2019s heavily used by the people \u2014 or was heavily used, until Zarour began fencing his land and ordering people to stay off it.<\/p>\n Councilmember Scott Sherman says the city has been trying to negotiate with Zarour without success.<\/p>\n \u201cWe\u2019ve made him offers, some of them for a little more than we should be paying, but we\u2019re not getting anywhere much,\u201d Sherman said.<\/p>\n Given Jack Zarour\u2019s current feelings, they won\u2019t be<\/em> getting anywhere. Zarour said he has an easement that should allow him to drive to his property, which sits more or less in the middle of the East Elliott area, and which he used to use to drive there to care for a memorial he put up to his father and his brother.<\/p>\n But the city has built a gate on the Spring Canyon road, and will not give Zarour a key to that gate, despite his legal easement that gives him the right of access to his property. In fact, he can\u2019t get in at all unless he gives park rangers 48 hours\u2019 notice so they can meet him and let him in.<\/p>\n The Zarour family has reached several agreements over the past to sell the property to the city, but they\u2019ve all fallen apart for whatever reasons.<\/p>\n Zarour has been before the City Council several times to plead his case, to no avail.<\/p>\n He said much of the problem could be alleviated if the city will simply give him a key to the gate, something it seems unwilling to do.<\/p>\n So, he is denying access to the recreationists that have used the trail for many years. He\u2019s nearly done fencing the entire 9.27 acres. He\u2019s not about to sell it \u2014 not for what he\u2019s been offered so far.<\/p>\n This story isn\u2019t over. It may go on for a long time. None of the three sides in this argument seems willing to budge.<\/p>\n That\u2019s never a good thing.<\/p>\n![\"A](\"https:\/\/missiontimescourier.com\/wp-content\/uploads\/2015\/02\/Mission-Trails-001-2webtop.jpg\")
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