Wave Your Magic Wand...Poof, Its a Street

Wednesday, January 20, 2010

Sometimes it is easy to get sidetracked in a discussion. Yesterday I sent email to David Wallsten in the San Bernardino Public Works Department asking about the process of changing the wording of the code that allows public access to streets that have been dedicated but not built (paper streets). He responded promptly with a detailed overview of the easements on my property and a reference to two codes that prevent people from blocking access to public roads:

California Penal Code Section 370

Any thing which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance.

California Civil Code Section 3479. 

Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.

It was nice of him to do this research, but this didn't really answer my question, which was, what is the process for changing this rule. I agree that real streets should not be blocked. But waving your magic wand at a chunk of real estate doesn't make it a street. As I said in my response, calling an eagle a cow doesn't mean I would want to try to milk it.