City panel waits to opine on Old Clear Creek Road access

The dispute over public access to public lands through the privately owned and maintained Old Clear Creek Road came to a head Monday night at Carson City's Open Space Advisory Committee, even though no action was taken by the body.

The committee agreed to wait until October after its members opted to redraft an advisory letter it was planning to send to the Board of Supervisors regarding the matter.

Last week, on the advice of their attorney, a collection of residents who own property off of the winding canyon pass announced they were going to install a gate near the U.S. Highway 50 junction on Old Clear Creek Road to bar access to motorists and bicyclists to prevent what they say is an increasingly dangerous situation - one they say could eventually result in a costly lawsuit.

While members of the community told the committee of close calls with groups of bicyclists or speeding cars, members of Carson City's Muscle Powered said access to public lands must be maintained.

Michael Arnold, who has lived in the area since 1999, said the group of residents on Old Clear Creek Road who purchased the $8,000 gate plan to install it in the near future with the support of the Washoe Tribe, whose land includes portions of the road.

He said about 90 percent of the 33 residents on the road helped pay for the gate that will be able to open by remote control or keypad for visitors. It also will open by sliding up instead of swinging open because of the snowfall (he said it was manufactured by a Colorado-based firm that develops gates for communities in snow-packed Montana).

Members of the Open Space Advisory Committee agreed that the liability of the homeowners was at stake, but also expressed concern over maintaining access to the publicly-owned lands used for recreation.

"I think there's a better solution than what's being put together right now and that's restricting valuable public lands," said Howard Riedl, a member of the committee.

But Committeewoman Patricia Lincoln said more emphasis needed to be placed on the private homeowners in the letter, adding the city has no jurisdiction over the road that is owned by the homeowners.

Old Clear Creek Road, which is said to have been part of the Lincoln Highway, the first road to span the United States, was abandoned by the Nevada Department of Transportation in 1948 after the state opened of the four-lane Spooner Highway.

And while Old Clear Creek Road weaved through Carson City, Douglas County and the Washoe Tribe, none of the entities wanted to adopt the road, so it became the property of the local homeowners.

"Carson City didn't want the road, (the homeowners) got it by default," Lincoln said. "Do we want it now? Are they ready to give it to us. Are we ready to pay to have it fixed?"

Patrick Pittenger, the city's transportation manager, said the matter is ultimately up to the private property owners.

"The city has not taken a stance of forcing anybody to do anything," Pittenger said.