Legal Question in Real Estate Law in California

Re: Conditional Use Permit

As Mr. Whipple points out, you already have a legal easement.

Contact the Forest Service for the gate codes.

Re: Conditional Use Permit

Normally, a landlocked parcel would have an easement so that you could cross land owned by another to get to your property. I do not know off the top of my head how government (forestry) ownership affects this concept, but it would be interesting to research. We would need to start by discussing the circumstances under which you purchased this property and by taking a look at your deed. Please give me a call if you would like me to consider taking on this interesting project.

Re: Conditional Use Permit

There is plenty of law and policy on this subject already, starting with a Federal law directing the government to grant easements for access to lanlocked inhpldings within the national forest system. Check out 16 USC 3210(a), which reads:

"Notwithstanding any other provision of law, and subject to such terms and conditions as the Secretary of Agriculture may prescribe, the Secretary shall provide such access to nonfederally owned land within the boundaries of the National Forest System as the Secretary deems adequate to secure to the owner the reasonable use and enjoyment thereof: Provided, That such owner comply with rules and regulations applicable to ingress and egress to or from the National Forest System."

This law should jump start any negotiations you need to conduct with the Forest Service.