Singer's metal fence has heavy impact

ShareThis

SAN FRANCISCO -- James Hetfield cofounded the influential heavy metal band Metallica and, as its chief songwriter, helped pen and perform strident songs such as "Don't Tread on Me." It might as well be his anthem for property rights in Marin County. The Marin County resident has erected a barbed-wire fence on his property near San Rafael, cutting off a fire trail that locals say has been used for at least a half-century to access treasured hiking trails along scenic ridgelines. Hetfield's representatives have told county officials that the metal and barbed-wire fence is a response to vandalism on the property. Nonetheless, the decision has infuriated the bikers, hikers and equestrians who use the trail. Some locals say it also threatens a century-old county tradition of property owners giving public access to open space. The case exemplifies a trend in Marin County: New residents are buying properties that were private ranchlands but open to hikers and other outdoors enthusiasts, said Marin County Supervisor Steve Kinsey, a 32-year resident of the county who said he has used the trail many times. But, he said, new owners have different senses of property rights.Messages left with Hetfield's manager, his band's record label (Warner Bros. Records) and his contractor (Redhorse Constructors Inc.) were not successful in getting a comment. Supervisor Kinsey said the county has negotiated several agreements with property owners to allow access for the public. Kinsey cited Hetfield's neighbor George Lucas as one such example. Hetfield bought his land in unincorporated Marin County in 1999, according to property records. He planned to make a 14,000-square-foot home as well as a 6,000-square-foot studio, which also functioned as a caretaker's home, according to a 2002 Associated Press story. Kinsey said only the studio has been built.In 2002, Hetfield made a trade with the county that was beneficial to both sides. He traded away the right to develop 44 homes on his property, which it had been zoned for, and gave an easement for 438-1/2 acres to be maintained as public space by the county. In exchange, Hetfield received the right to build his home higher on the hillside and also larger -- at a time when it was difficult to get approval for a 4,000-square-foot home, Kinsey said.At some point, Hetfield also obtained the Luiz Ranch, which contains the fire road that is under dispute.The Luiz family had long had an open -- but ad hoc -- relationship with the public. They even installed gates that latched closed behind hikers, preventing livestock from escaping. Kinsey said it was part of county tradition that dates at least to the 19th century and allows public access to wildlands.Although the Luiz Ranch Fire Road had been used by the public for decades, Kinsey said it was made an official part of the county trail system in 1983. Still, the relationship between the property owners and the public was mostly informal.As former ranchlands have changed hands, the county has taken steps to ensure continued public access, said Kinsey, president of the Marin County Open Space District.Other solutions have been used: easements on which the county builds fences, puts up sign, and monitors use; payment to the owner for public use; or similar measures.The public can sue Hetfield with proof of broad public use before 1972, but Kinsey said that should be a last measure, with peaceful negotiations first.(E-mail Matthai Kuruvila at mkuruvila(at)sfchronicle.com)(Distributed by Scripps Howard News Service, www.scrippsnews.com.)