C-16.Homeowner Actions against Trespass

Homeowner Actions against Trespass, from 1977 through 2006

For additional history accounts, see Brief "C-10" 1985 to 2007, A Timeline of the Cable Dispute in La Senda.

Gas Company of New Mexico

First noticed in about 1979, Gas Company of New Mexico meter readers drove their trucks from south to north on the paved bicycle path. These trucks were difficult to identify or intercept, but on several occasions they were intercepted. They were reminded that the path was private property and that they must not go there. The meter readers ignored the requests of the homeowners. Several homeowners got together and moved four large boulders onto the north end of the path in such a way as to block vehicle traffic between the path and Piedra Loop at the intersection of Sherwood Boulevard. The next meter reader truck got stuck trying to use the truck to push aside a boulder. This allowed a homeowner (Martin) to approach the driver. The homeowner told the driver that if the truck or driver were ever seen on the bicycle path again that a complaint would be filed with the police. Neither truck nor driver were ever seen again.
Motorist A, trespass

Exhibit "U-9"

"We would suggest that when residents in La Senda observe motor vehicles on the bicycle path they report license numbers to the Police Department."

Motorist B, trespass and vandalism

Beginning about 1979, cars and trucks were seen driving north and south on the paved bicycle path. Repeated attempts were made by the residents to stop this traffic. The bicycle path was an ideal place for children to learn to ride their bicycles, since it should have been free from vehicular hazards. Residents pursued the trespassing vehicles, but were unable to stop and engage them. The trespassers fled when residents waved or shouted at them. Several homeowners got together and moved four large boulders onto the north end of the path in such a way as to block vehicle traffic between the path and Piedra Loop at the intersection of Sherwood Boulevard. The next time that a particular volkswagen attempted to pass north along the path it was unable to pass the boulders, backed up to an open lawn, and proceeded to spin its tires in a large circle on the lawn, destroying the grass in the large circle. The volkswagen never returned. The perpetrator was never identified. Since the placement of the obstructing boulders on the bicycle path, illegal motor vehicle traffic on the path has been nearly eliminated.
Motorist C, trespass

Beginning about 1979, motorcycles and motorbikes were seen driving north and south on the paved bicycle path. It proved exceedingly difficult to stop or identify the drivers. The trespassers fled when residents waved or shouted at them. On one occasion, a resident happened to be near the path when a motorcyclist drove up the path. The resident stood on the path and stopped the motorcyclist. After a stern rebuke by the resident, the motorcyclist returned in the direction from where he came. After about thirty minutes, the motorcyclist returned on foot and apologized and promised to never repeat the trespass action. He was never seen again.
Pedestrian D, abusing a pet

Late one afternoon in about 1983, a shouting match began between a pedestrian on the bicycle path and a homeowner (Martin). The subject of the dispute was a pet owned by the homeowner. The husband of the homeowner responded with an explanation that the pedestrian was trespassing on private property and demanded that the pedestrian not return. That evening, about 9:30 PM, a police officer appeared at the Martin home and said that someone had complained about a homeowner. Martin explained that the incident occurred because of abuse of a pet by a trespassing pedestrian on the bicycle path. Martin explained to the officer that the bicycle path was private property, and that use of the path by pedestrians was subject to control by the owners of the path. Martin requested that the officer relay this information to the complainant. The next morning, Martin obtained a copy of the neighborhood plat from the office of the county clerk and delivered it to the Chief of Police. Martin reviewed the plat with the chief and asked that Martin not be disturbed in the evening before his family with complaints from trespassers. For more than ten years, Los Alamos County officers did not contact property owners regarding complaints from users of the equestrian and bicycle paths.
Pedestrian E, injuring livestock

About 1984, a horse whose corral abutted the equestrian and bicycle paths suffered a horrible wound to its mouth. It appeared that a pedestrian had fed a firecracker to the horse. It was common for pedestrians to feed the horses with the wild clover that grew in the ditches along Piedra Loop. The corral was an approximation of a neighborhood zoo, with horses, dogs, cats, geese, chickens and 4H project sheep. The horses were accustomed to friendly pedestrian visitors. The perpetrator was never identified.
Corporation F, trespass

In the summer of 1985, the cable television franchisee installed an aerial telecommunications cable on the power poles which were collocated with the bicycle path and the equestrian path. The poles were owned by the Public Service Company. After threats and negotiation, the franchisee agreed to comply with the wishes of the homeowner, paid a rental fee, and removed the lines from the poles.
Pedestrian G, taunting pets

About 1985, while residents and children participated in a soccer match beside the bicycle path, two joggers engaged resident dogs with shouts and waving of arms. A homeowner instructed the joggers that if they could not persuade the dogs that the joggers were not a threat, that the joggers should immediately vacate the private property that they were using (the bicycle path) and should remain on the public rights-of-way. The joggers were never seen again, and they were never identified.
Pedestrian H, vandalism

About 1986, the rear gate of the horse corral abutting the equestrian and bicycle paths was opened during the night, allowing the horses to escape the corral. A horse exited the corral, but stayed close to the barn and was recovered the next morning. The perpetrator was never identified.
Pedestrian I, taunting pets

About 1988, at approximately 10:00 in the evening on a very dark evening, A pedestrian stood on the bicycle path and pointed a powerful flashlight at the resident dog. The dog became alarmed and barked at the immobile pedestrian. The pedestrian shouted at the dog. When the homeowner turned on a yard light, the pedestrian turned and departed. The perpetrator was never identified.
Pedestrian L, vandalism

About 1991, late in the evening, the dog 'Bear' began barking at the owner's horse trailer parked some distance from the home. When the homeowner investigated, a pedestrian ran from the scene, with Bear in hot pursuit. The next day two tires on the horse trailer were found to be slashed. The perpetrator was never identified.
Corporation M, trespass

Brief "C-10"

Corporation N, trespass

Corporation O, trespass

Exhibit "J-22"

Chamber of Commerce, Maps

Beginning about 1998, maps created by Andrea Kron and distributed as part of the brochure published by the Los Alamos Chamber of Commerce showed the equestrian paths in La Senda and Pajarito Acres as included in the system of trails for Los Alamos County. The President of the La Senda Homeowners Association, Marja Springer, met with the Chamber and explained the situation with the equestrian paths. The Chamber promised to remove the paths from the next edition of the map.
Cable television worker, trespass

On May 1, 2006, a cable television worker appeared on the equestrian path. Two homeowners greeted him. He expressed surprise that the cable was not allowed on the equestrian path, and said that he would file a plant discrepancy report with the company. At the request of a homeowner, he promptly left the property.

C-16.HomeownerActions.htm 10 March 2007 Brief C-16