I guess I've lost the ability to ask a question clearly. Or David is more interested in answering questions other than my main one. Here was my last email to David:

I absolutely agree with the idea that streets should not be blocked. My point is that this is not a street. It may be called a street, but if I called an eagle a cow, that wouldn’t mean I could milk it.

As I pointed out in my email to Denise, some states record the dedication then allow the owner to temporarily block (that is block with a temporary device which is easy to remove) public access until such time as the county wants to build a road. I think that is reasonable, and what I am trying to find out is what is the process for trying to change the wording of a ruling such as this. 

One other question… who is liable if someone is injured on the dedicated street before it is built? If, for example, some idiot goes screaming through on a dirt bike in the hard rain (I’m actually watching someone do this a block away right now) and hits a deep puddle and goes flying through the air and his bike lands on him, does he sue the county or me for not maintaining this public road?

Thanks,

Steve

And here is his response:

I will attempt to answer your questions in the order that you have submitted them by paragraph:

1. It is my understanding that the County uses the words "road" and "street" as interchangeable terms - If the street has been dedicated for public use, then it is a "street", whether or not it is currently utilized by the public is irrelevant.
2. The County follows the laws of the State of California - That I am aware of, this state does not allow streets to be blocked; please contact a competent attorney that is well practiced in the laws of this state to assist you with understanding and/or changing state law.
3. The State of California Streets and Highways Code Section 941 states that the County is not liable for public streets that have not been accepted into the county maintained road system by official action of the Board of Supervisors - It is my understanding that the adjoining property owners are responsible for public streets that are across their fee owned property; please contact a competent real estate attorney and/or the legal services provided by a land title insurance company for all questions related to this issue.

David Wallsten
County of San Bernardino
Department of Public Works
Transportation - Right-of-Way Section

(909) 387-7951