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The lower end of the trail at Spring Crest has an informal "boardwalk" placed by users, but no warning signs.

Community trail on private property
by Virginia Bruce

In November last year, we wrote about a group of West Haven residents who were celebrating the county’s decision to remove from the Transportation System Plan (TSP) a proposed road that would have led from Barnes Road through the Peterkort and St. Vincent properties north to Springcrest Drive and into the neighborhood. Currently, neighbors use an informal trail there that leads past a Peterkort medical building, winding down the hill to Spring Crest.

A property owner is now warning that although the trail was designated as a future route for a regional trail, the county hasn’t acquired any property and trail users are trespassing. Washington County Board of Commissioners Chair Andy Duyck says that as a result of the article, the County has been receiving complaints about trespass. “The wanton disregard for private property is hurting our efforts and credibility in designating other trail routes, most recently with the Council Creek Trail. It builds a lack of trust among private property owners that the County will protect their property from encroachment until such time as the public actually negotiates for the right of way.”

The entrance to the trail at the upper end is along a fence separating Peterkort property from St. Vincent's.

Most trail users are unaware that they are “wantonly disregarding” anything, since the trail has no “private property” or “No Trespassing” signs at either end. Local resident and community activist Jake Mintz says, “The 95th Ave trail has been highly used by the public for several generations. It is at the core of a Washington County designated Active Transportation District serving an extended neighborhood, and provides pedestrian access to the Sunset Transit Station, St Vincent Medical Center, and Cedar Hills, for a significant number of people of all ages. For many, it's a convenient alternative to driving. Furthermore, it is often the only safe, reasonable, and direct means of accessing Sunset Light Rail Station and beyond for young people and others that do not or cannot drive.”

Land Use and Transportation Department (LUT) Principal Planner Steve Szigethy explains that unless any of the affected parcels are developed, or a county Capital Project is designated, the county can’t just take the land for a trail. “The neighbors may want to organize and negotiate with the landowners to get a Public Access Easement. We may be able to assist by convening a discussion.” He points to the success of the SW Trails group, led by Don Baack, that was able to work with city, county and state planners to increase active travel opportunities in SW Portland.

Szigethy notes that the park district (THPRD) has no plans for a trail in that area, according to their 2006 Trails Master Plan document. We do hope that this valuable community path is legitimized in some manner, whether through county action or community support. Duyck notes, “there is still much work to be done, and we should all respect the private property of each other until such time as we can claim a legal right to use this route.”

It’s not clear at this point which landowner is complaining. Calls to both landowners have not yet been returned. Certainly liability must be part of the concern, since the trail is unimproved and can be slippery when wet. We will follow up with more information as it becomes available.

[NOTE: No Trespassing signs were installed a few weeks after this article was published, on land owned by the Peterkort Co. Since then, the properties on Spring Creek, previously owned by Providence (see map), were sold to a developer for residential development. Many new homes are being built nearby.]

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