- NEWS
- Grammy Awards a night of triumph, sorrow 1 hour & 41 minutes ago
- Obama to visit Corona del Mar on Thursday 3 hours & 28 minutes ago
- O.C.-based international aid group turns 40
- Wedded couples re-tie at Knott’s 2 hours & 12 minutes ago
- SPORTS
- Lakers edge past Toronto, end trip 3-3 2 hours & 1 minute ago
- Perry’s hat trick too much for Jackets 2 hours ago
- Ex-Angel Hudler joins K.C. Royals TV booth 2 hours ago
- Stanford hands USC its 20th defeat 3 hours & 38 minutes ago
- BUSINESS
- ENTERTAINMENT
- Grammy Awards a night of triumph, sorrow 1 hour & 39 minutes ago
- Young the Giant impresses at first major headlining show
- Whitney Houston: The Voice over the years 45 minutes ago
- Get complete Grammys 2012 coverage 1 hour & 56 minutes ago
- LIFE
- TRAVEL
- OPINION
Anaheim man accused of building on sacred site makes his case
August 25th, 2009, 7:18 pm · 36 Comments · posted by Pat Brennan, science, environment editor
A judge listened Tuesday as Kang-Shen Chen, accused by county parks officials of erecting a building, a fireplace and other structures on top of an ancient archaeological site, called those officials “arrogant” and pleaded for a “fair solution.” 
“Right now I still feel I have the constitutional right to use my property,” said Chen, who represented himself in the trial of a lawsuit filed over his Anaheim Hills property by parks officials.
They are asking Orange County Superior Court Judge Randell L. Wilkinson to order Chen to remove what remains of a building — called a party room by county asset manager Harry Huggins, but a “chapel on the rock” by Chen — as well as other structures including walkways and an enclosed pond, and restore it to the condition it was in before Chen began building there in the late 1980s.
“We’re asking Mr. Chen to clean up the mess,” senior deputy county counsel Marianne Van Riper told the judge.
Chen, a developer, and his wife, retired Cal State Fullerton professor Shu-Jen Chen, also are accused of constructing at least one outbuilding within the boundaries of the adjacent Santiago Oaks Regional Park, and of making other alterations on park property. Tuesday both sides in the case made their closing arguments.
The county sued Chen after the 2007 Windy Ridge Fire swept through the area, stripping it of vegetation and exposing Chen’s alterations to view.
But Chen argued that he believed he had reached an agreement with county officials in 1992, when he was first accused of making improper alterations. A retired county official testified Tuesday that she had not given Chen permission to build on the site.
The bulk of the alterations to the site are on Chen’s property. But the area is covered by a resource preservation easement that forbids property owners from altering the site or building on it.
The site is sacred to members of the local Juaneno Band of Mission Indians. The small house Chen built on the site covers grinding holes that are centuries old, left by Native Americans who used them to grind acorns into pulp.
But Chen said he covered the holes with sand and then brick in an effort to preserve them. He says he has not damaged the site, but improved it, although county officials worry that some alterations might be irreversible. For example, Chen appears to have driven posts into one part of the sandstone that marks the site, possibly destabilizing the rock face.
Chen said later that he recently removed the fireplace.
Wilkinson, expected to rule on the case in coming weeks, did not indicate how he would decide. But he did appear to take county officials to task for allowing the site to languish for more than 15 years before taking Chen to court.
“It seems to me you want to put him on a short leash for getting it resolved,” Wilkinson said. “It sure seems to me the county wasn’t in a big hurry, for an awfully long time, to get this thing fixed.”
Van Riper said that even though a long period of time had passed, the easement still applies.
“If you have written records of a preservation easement, you cannot lose those rights due to the non-use of a county agency,” she said.
Attorney Roy C. Dickson, representing Chen’s wife, asked the judge to find a solution that did not place the entire cost of removing the structures on the Chens.
(Register photo of Kang-Shen Chen in room of prayer on his Anaheim Hills property by James Robles.)
Related post:
County: Anaheim developer built “party house” on archaeological site
Latest posts:
Reader Comments
Comments are encouraged, but you must follow our User Agreement.- Keep it civil and stay on topic.
- No profanity, vulgarity, racial slurs or personal attacks.
- People who harass others or joke about tragedies will be blocked.
36 Comments
-
ADVERTISEMENT
-
-
-
-
16th annual People’s Choice
From your favorite restaurants and shops to the best day spa in town, here are your choices for the number one places to eat, shop and play in O.C.
Browse the 2009 Best of Orange County winners-
ADVERTISEMENT
He knew when he bought the property what was allow and what wasn’t. Chen illegally built on it and on state land and they should have to pay to fix it back to what it was. I’m sure money was no object when they were building now they want someone to help with the cost to put it back. I’m so sick of people doing things like this and then acting like “I didn’t know” and then not getting in trouble. It happens all the time in California.
I know that there was papers that stated what is illegal and what’s not, but the judge was right to about the county not bringing this matter up earlier and waited 15 years to let him build the building. But it’s ridiculous that wanted to preserved the natives history when they don’t even live on it or owned it.
If the County of Orange, knew that this was an archeological site, then it seems to me, that the property lines should have GONE AROUND said site!
The law is predicated on the “Reasonable Man” theory.
What “Reasonable Man” would PURCHASE, then PAY PROPERTY TAXES on land that will never belong to them?
It is ridiculous that someone cannot build on their own property. Yes he may have known that he is not “supposed to” but you should be able to build where you want. Who cares if it is sacred to indians, anything is sacred to them. Even the air! When is that we will run out of room because some building is old enough that people will claim it is significant? We wouldnt be able to tear down houses and build new ones. Such preservation is meant only for important places or things.
He bought the property subject to the easement. Presumably, the sale price reflected the building restriction. This is not a case of the County imposing new property restrictions; it owned an easement before the Chens ever came along. Get a clue.
Just because something is not “important” to you personally does not mean it’s unimportant. By your logic, every HOA in the country should be abolished.
A society establishes laws and guidelines for a purpose; to prevent anarchy and tyranny by those with money and power. Your argument is essentially “whatever I want should be OK as long as I pay for it”. Just a little short-sighted, don’t you think?
I agree, we all have different values and find different things important. But my statement simply says that if I own it, and I don’t think its important, then I can do what i want. If it is important to someone else, then why didn’t they buy it or keep owning it? I guess he agreed to the terms of the easement, but such sales should not be made because of this. Selling things with restrictions such as that seem pointless.
“Chen, a developer, and his wife, retired Cal State Fullerton professor Shu-Jen Chen, also are accused of constructing at least one outbuilding within the boundaries of the adjacent Santiago Oaks Regional Park, and of making other alterations on park property. Tuesday both sides in the case made their closing arguments.”
Apparently, its not all his property he felt he had a right too.
Your missing the point, the he knew if he bought the property he wouldn’t be allow to build there, if that was unacceptable he should not have bought the property. Instead he illegally built on the area and on state land and now wants the state or county to pay for it. If I wanted to build a 100 foot tower on my property I wouldn’t be allow to. And glad to that you think the native Indians from this area aren’t important or are their historical sites. With that thought the Jews should tear down the Wailing wall or the Italians should tear down the Panthaon. These sites are the historical site for the first settlers of this area.
The thing is, a preservation easement is set up by the original owner. It is a title that allows the original owner to dictate the way the property is used after they are gone, So in essence this developer knew that he wasnt allowed to change that part of the property. He was told this prior to building on the property. The fact that he did it and then figured to keep it hidden behind brush and trees for along time shows that he knew it. Then when the fire came and burnt the brush and trees aside the county could see what he did! He got caught and now he wants someone to fix it for him. Not gonna happen! He did this to himself.
Hi Cheryl,
I agree with you. He knew he wasn’t supposed to build on this easement, and being a developer he knew this. God forbid that we (indians) aren’t supposed to have any “sacred” properties. Although U.S. Land was stolen from us, way back in the Columbus Days. It’s bad enough we (indians) are getting a “bad rap” for having Casino’s. But, didn’t you notice it’s the Asians and Caucasians whom frequent the Casino. So, who really has a problem here? The foreigners whom come from other counties, trying to “change” what’s Ours into what they want. So, no I don’t feel sorry for the Chen’s, they came here looking a better life, but insist on having their way regardless. When we know they left their counties for some reason.
wow Tom your terminology is just about as outdated as your uneducated views. “When is that we will run out of room because some building is old enough that people will claim it as significant?” It is thinking like yours that has made Orange County the congested maze of cookie-cutter tract homes.
Orange County used to have many Juaneno grindstones and village sites, but almost all have been built over. This is why it is important to perserve the artifacts that still remain intact. Due to the destruction and loss of so many native artifacts, there are federal and state standards for protection and preservation. Mr.Chen needs to follow these standards just like everyone else.
And I am pretty sure all those building were built over what would have been archaelogical sites. You cannot pick and choose. One day these cookie cutter homes could be viewed as historically significant and then what? can’t build over them?
Chen’s argument is no more valid than if I were to get a speeding ticket and then argue in traffic court that since I have driven on the same stretch of road at 90 mph for 15 years without being ticketed, I assumed that the law no longer applied to me.
This man knew of the restrictions inhis deed and he chose to ignore them. He should be required to remove the illegal “improvements” and pay all the costs.
Never, never get the Indian spirits upset with you ! You may find yourself sitting with Colonel Custard at the ‘ Little Big Horn’ in the sky. This is bad medicine ‘ Yellow Knife !
How dare the Attorney suggest that part of the cost to remove the structure go to someone else (meaning the city). The Chens knew about archaeological site and the easement, yet chose to build anyway. Therfore, they should pay the full amount to have it removed, fines for damaging the site and all court cost.
This was just another case of disrespect for native american spirituality. They say that many cultures have sacred beliefs as i`m sure Chen has too from his native country. He totally ignored and disrespected a culture here as sacred to me as well as many others. Yes it was a small peice of land, but it still wasn`t his place or his right to desacrate such a tiny peice of land that meant so much to an acient culture.. It is his place and his place alone to put things back the way they were and to apologize to the Juaneno people and partisapate in a ceremony that would rebless the sacred land. MITAKUYE OYASIN ( WE ARE ALL RELATED )
For those of you who wants comments on easement, please read my blog which was posited on 8/22:
“THEY WILL FIND A WAY TO GET IT”
Harry Huggins, Asset Manager, OC Parks at Orange County Government, April 2007
Lack of historical background information the reader and the general public could be misled by Register’s 8/21/09 front page article of “On Sacred Ground”:
1. Following 1984 Easement terms County’s jurisdiction is limited as follows:
• No removal of native and/or exotic vegetation or rock outcroppings shall be performed in natural area within the resources preservation area.
• No constriction of water course or interruption of water flow is permitted.
• No removal of alternation of cultural resources is permitted.
• Academic and/or scientific researches as well as guided public tours shall be permitted as deemed appropriate by the Director, Orange County Environment Management Agency.
2. Owner’s property right is only restricted by the said easement terms in which no word of “sacred land”, “tribe’s preference”, “conservation”, or “preservation” was mentioned; except the said easement terms owner allows exercise all their property right within the legal system.
3. O.C.’s police oversight power is also restricted by the said easement terms. It is not allowed to be extended based upon official’s personal understanding by using the broader definition of “preservation” or “conservation”.
4. The totally damaged site was caused by the 1984-1987 illegal dumping as O.C. neglected its police oversight duty following 1984 easement as described above.
5. In 1987 Chen inherited the totally destroyed site, but in good faith made his best effort to repair the damages caused by O.C.’s negligence who promised to restore the site in the future, in 1990/1991.
6. O.C. recognized Chen’s landscaping right in 1992 and also compromised with Chen’s 1990/1991 improvements on the easement site and in the safety zone on park land along county service road. All disputes stopped.
7. No violation notice was received by Chen from 1992 to march 2007 for the said improvements.
8. The on site stream which passes through from neighbor’s property is always flowing since 1987 as the easement requires. No constriction of the said water course is on the easement site.
9. The 1990 discovered dripping spring was not mentioned in the 1984 easement. For preserving the tiny dripping, a pond collecting varied dripping from a weit rock overhang was formed in 1990 and was accepted by county and state officers during the 1992 compromise. No complaint or violation notice was sent to owner from 1992 to 2007. Huggin’s accusation of alternation of stream and waterway is a baseless misrepresentation.
10. After March 2007 Windy Ridge fire, Chen refused to give up the easement site ownership to O.C. Huggins threatened: “They will find a way to get it.” Thereafter, a team of O.C. officers started conspiracy against Chen for the said purpose and engaged into a series of misconducts.
11. O.C. selected Chen as scapegoat for covering up its negligence in maintaining the fire road during the 2007 fire and its negligence in performing its police oversight duty of the 1984 easement.
12. O.C. misled the reader by follows:
a. Produced a map without showing the existing water course which was mentioned in 1984 easement.
b. Concealment of the 1984-1987 dumping which totally destroyed the site.
c. Concealment of the fact that O.C.’s negligence caused the said 1984 – 1987 dumping.
d. Concealment of the 1992 settlement compromised informaiton.
e. Concealment of the facts that O.C. didn’t spent one penny to carry out its 1984 easement duty, but spent over $200,000 or more at cost of O.C. tax payers for cover-up for carrying-out a series of misconducts since March 2007.
You would think a retired Cal State Professor would have above average English language written communication skills. Obviously, this is not the case. Half of your points are incomprehensible. Just remove the illegal stuff you built and take some responsibility for your actions.
Just follow your heart, not your pocketbook and do the right thing!! No paperwork is needed to establish a relationship with your heart and the hearts and feelings of others who have already been through the ordeal of loseing.
While its true that amerinds label anything
identifiable as ‘sacred’ (TM) (and then putting
up a casino) this homeowner
didn’t abide by the law.
Its like beachfront property owners building
on the beach. You identify them and bill
them to take it down. Same thing.
Daryl, can the voodoo.
We’re only related if you don’t know who
your daddy is. Common nowadays but
evil.
How about sharing those peyotes, or are
you still backing the rascism that says
only (quarter or so) amerinds are Entitled?
(Yes, I know Juanenos would have had to trade
for that particular sacred commodity)
This was posted above in a post designed to make us feel sorry for the developer…. apparently the posted was not aware of what this means…..
No removal of native and/or exotic vegetation or rock outcroppings shall be performed in natural area within the resources preservation area. THIS MEANS YOU CANT CHANGE ANYTHING!
• No constriction of water course or interruption of water flow is permitted. THE DEVELOPER KNOWINGLY DAMMED A SPRING TO CREATE A POND. iM SORRY BUT THAT INTERRUPTS THE FLOW OF WATER!
• No removal of alternation of cultural resources is permitted. WELL IF YOU BURY THE CULTURAL RESOURCES AND DRIVE STEEL SPIKES THROUGH THEM YOUR ALTERING THEM!
• Academic and/or scientific researches as well as guided public tours shall be permitted as deemed appropriate by the Director, Orange County Environment Management Agency. tHE DEVELOPER BUILT HIS OWN GUARD SHACK TO KEEP THESE PEOPLE OFF HIS PROPERTY. iN DIRECT DISREGAURD FOR THIS CLAUSE!
The whole point to this easement is that the person which left this property to the developer felt they could trust him to follow the rules set forth and protect this property. He didnt And now he has to pay to put it back the way it was.
Tom Brady, you would probably run to the police anytime any of your neighbors did anything you didn’t want them to do. Its naive to think that 300 million Americans should be able to whatever then want with “their” land. Where would we have been had the North American Indian tribes somehow split up land and established the concept of ownership with stamped papers and everything? What? like the european’s had that right simply because they had survey equipment and “a flag”? Why can’t you give the local Indians bands the right to a handful of protected places. Heck, lets go knock down Lincolns first cabin, he’s no longer using it.
Give me a break. This site was no more sacred then the spot in my backyard where I buried my hamster when I was 10. The Indians need to get over themselves. Its been several generations since any of their ancestors mashed acorns on this site.
Mr Chen needs to be the second person to get over himself. You knew of the easement and still changed the landscape anyway. Pay up to change it back to as close to how it was donkey!
I haven’t been up there in years but it used to be a nice hike through that canyon. Probably fenced and posted as no trespassing now. Or if you can hike it, someone in one of those over priced, over built mansions would call the cops thinking a firebug was out to start the next holocaust.
If this site was so important then why did they let it be a part of someone’s backyard? They never should have sold the land to begin with!
Mr. Chen, stay away from your TV, you might get sucked in.
Have we learned nothing that the movie “Poltergeist” has taught us?
Peter says “its ridiculous to preserve the natives history when they don’t live on it or own it.” Well, to be accurate, the land was in effect stolen long ago by European settlers and never returned to the native peoples who lived on the land. That’s the truth. But we won’t go into a long and convoluted history discussion. At the least, the easement required preserving this ancient site, much as we would not want our own society’s signficant cultural sites paved over or destroyed in the future after we are long gone.
If you just look at the four points from the original wording of the easement, it seems that Chan did not violate the easement. The only point which might be considered in voilation is the interuption of water flow but that also it seems to be open to interpretation.
To all of you, if you look up your history, you will notice that all of the Native American lands were taken away from them. We then were forced upon reservations, etc. Hence, we cannot keep what was taken away. NOW GET OVER YOURSELVES. I’m sure you would not want a house or whatever built upon your ancestors, so respect ours. Thank you.
And Cheryl, it does not mean “YOU CANT CHANGE ANYTHING!”
It means exactly what it says. It says he can not remove anything. It sounds to me like the only thing he removed was tons of trash that had been dumped on the property. It does not say that he can not cover up the rocks, which is what he did.
It appears that the structure (Party house) he has built should have required permits from either the City of Anaheim or the County of Orange. Usually during the permit process the easement / setbacks / height / fire restrictions would have been discovered and the City / County would not have allowed the improvements.
If a pool or other structure were built over a utility easement the utilities are not required to replace your landscape. Easement restrictions are disclosed at time of purchase of the property and are made known to the purchaser. If he had a problem with the easements he could have purchased a different lot.
OCBlauski: Please note that the comment before you was not posted by Dr. Shu-Jen Chen
Major!!!! voodoo peyote?? Spoken like a true undeucated white man lol After all these years and educational tools out there to make you better equiped to discuss native american tradition you still speak like your living in the 18th century. It had to be your teachings as a child.Please mr. major , be silent and learn !!!
Sickntired!!! You`ll be amazed to know that the spot in your backyard where you buried that hamster was and still is sacred. Maybe someday when you evolve spiritualy you`ll understand that concept. Until then there are still those like myself who understand your ignorance and except it .