Natasha Black:

We noticed that the tide was in, but the riptide was really bad.

Elise Cox:

Natasha Black is 21. She says you can see the danger in the sand itself.

Natasha Black:

You could just tell the way the sand goes all the way down, so it’s like when the waves pull out, it almost looks like it’s going downhill. You would get sucked under, or it pulls out really quick. Also, when there’s waves crossing square ways almost, it ooked just very bad, riptide-wise. You didn’t see anybody surfing out there. Sometimes you’ll see people in wetsuits surfing out there. I saw no one out there

Elise Cox:

The three women had been walking the beach near the parking lot for about half an hour. They were headed toward the boardwalk, to the tide pools, when Gianna, Natasha’s younger sister, turned to say something. That’s when she saw the tragedy unfold.

Gianna Black:

So I saw the whole thing. We were walking towards our car. We had just come off of the dunes. We were walking up. We were going to, like, brush up our feet, change our shoes.

Elise Cox:

An older woman was standing on the beach near some rocks. A wave knocked her down. And before anyone could react, she was pulled into deeper water.

Gianna Black:

Before I could even blink, the out and she was screaming.

Elise Cox:

Gianna yelled to her mom and sister. Everyone moved at once.

Gianna Black:

My mom started yelling, “Call 911.” But there was another lady there who wasn’t reacting, so I told my mom to call 911 while I went down. But by the time I got down, she was already too far away for me to go swim out and grab her safely.

Elise Cox:

Between the women and the victim was a river channel, fast and deep. Gianna ran back toward parking lot, flagging people down, asking if anyone had something that floated. No one did. Natasha stayed closer to the water, shouting to the woman that help was coming.

Natasha Black:

I know how to swim, but not very well. And same with my sister.

Elise Cox:

That’s when they got the attention of a group of young men who, like Natasha and her sister, appeared to be in their early 20s.

Natasha Black:

The one guy that we met, I didn’t get his name, but he ran down there and jumped in.

Elise Cox:

The risk was enormous. Not just the riptide, but the cold, cold water.

Natasha Black:

You put foot in there and it goes numb right away. It was absolutely freezing cold water.

Elise Cox:

As the swimmer fought his way out, people on shore scrambled. Someone handed Natasha a blanket.

Natasha Black:

I put that on my shoulder and we crossed the river about, probably almost up to our stomach. It was pretty deep at that point. We were just trying to cross it and everyone ran after the guy that jumped in. That way we were just prepared by the time he got her out to have the blanket ready for her.

Elise Cox:

The swimmer swam quickly, efficiently, like a pro. He reached the woman and towed her back. On the beach, his friends helped him pull her from the water. Natasha and Gianna were right behind them.

Gianna Black:

It took three of them to pull her out of the water and then me and my sister made it there and we wrapped her and we tried to turn on her side to make sure all the water was leaving her body.

Elise Cox:

The woman drifted in and out of consciousness. She vomited seawater. She shivered violently.

Natasha Black:

We sat her up because like I said, she was nodding in and out. We thought maybe if we sat her up straight, she would kind of gain some consciousness back, but that wasn’t working. Yeah. So we just tried to warm her up, sit with her. You know, we kept checking her pulse. I was checking her pulse on her right arm and behind her everybody. You know, we took turns holding her up. It was like me and one of the guys that we kind of switched off. And like I said, we just started noticing her pulse became slower and slower. We were just trying to get her name, calm her down. But she was in shock and I believe she was, you know, got hypothermia because she was shivering. She was so cold.

Elise Cox

Natasha estimates the woman had been in the water for about 10 minutes. Another 10 minutes passed before firefighters and rescue crews arrived. The young swimmer and his friends never gave their names. The Mendocino voice has identified the woman as a 77 year old Fort Bragg resident. That information not yet been independently confirmed. What is certain is this: on a dangerous day, young strangers ran toward the water, knowing the risks and did everything they could to save a life.

The case before the court, which was decided December 9, concerned Mendocino Railway v. John Meyer et al. Mendocino Railway is operator of the Skunk Train, a beloved excursion train and a significant local employer. Meyer owns a 20-acre parcel in Willits.

Mendocino Railway began seeking to acquire the parcel five years ago, but the railway and landowner could not agree on a price. On December 22, 2020, Mendocino Railway filed a complaint against Meyer in Superior Court to take the parcel by eminent domain for an appraised value of $350,000.

In 2023, Mendocino County Superior Court Judge Jeanine Nadel halted the effort, ruling that Mendocino Railway did not qualify as a public utility — a prerequisite for exercising eminent domain — and that the proposed taking was not supported by the state or federal constitution. The railway appealed.

During oral arguments heard Nov. 10, Mendocino Railway attorney Paul Beard pointed to a September ruling by the federal Surface Transportation Board affirming the company’s status as a common carrier. The board found that once an entity becomes a rail carrier, that status does not end simply because the carrier was not carrying passengers or freight. Instead, the board stated explicitly that common carrier obligations cannot be terminated without federal authorization .

Beard argued that under California law, common carriers are public utilities by definition. He cited the California Constitution, which states that “common carriers are public utilities,” and contended that the defining feature of a public utility is whether it dedicates its property to public use — not how many customers it serves or how frequently the service is used .

During the state trial, Meyer’s attorney had drawn attention to the railway’s revenue sources, noting that roughly 90% of its income comes from excursion train rides and about 10% from property leases and easements, rather than from transporting freight or passengers from one point to another. Meyer’s attorney, Stephen Johnson, also argued that the railway’s early plans for the property — which included a campground and RV park — reflected a private, not public, purpose.

The appellate court rejected that reasoning. In a detailed opinion, the panel held that Mendocino Railway met its burden of proof that it is a common carrier and therefore a public utility under California law. The court emphasized that the key question is whether an entity has dedicated its property to public use, not the number or type of customers it serves.

During oral arguments, justices pressed the railway on whether there are limits on how long a public utility could hold property acquired through eminent domain without actively using it for a public purpose. Beard acknowledged uncertainty on that point but noted that public utility status can be challenged through other mechanisms, including complaints filed with the California Public Utilities Commission.

The opinion, written by Justine Langhorne Wilson, addresses the issue of what recourse Meyer would have if Mendocino Railway does not dedicate the 20-acre parcel it is acquiring to a public purpose — namely to further a freight and passenger service that today is largely aspirational.

“Should the proposed development violate any provisions of the law or of the Constitution by furthering a purely private endeavor—i.e., campgrounds, retail spaces, etc.—Meyer’s remedy is in an action attacking that future development and not in in an attempt to defeat a proper acquisition of property for a valid purpose,” Langhorne Wilson wrote.

The appellate ruling does not end the dispute. Instead, it sends the case back to trial court, where the remaining issue will be how much compensation Meyer should receive for his property.

Photo by Thomas Hawk

Read Mendo Local News’ coverage of Mendocino Railway and the battle over its status:

Should the Skunk Train be Part of the Regional Transporation Plan?

California AG Bonta Challenges Mendocino Railway’s Federal Carrier Status

Mendocino Railway Rejects Fort Bragg’s Bid for Yearlong Pause in Litigation

Fort Bragg Plans Public Study Session, Website to Boost Transparency on Mill Site Development

Skunk Train, Fort Bragg Jointly Agree to Set Aside Default in Mill Site Suit

U.S. Supreme Court denies Skunk Train appeal

Federal Railway Agency Affirms Mendocino Railway’s Carrier Status

Default Notice Issued as Stormwater Contamination Battle with Fort Bragg Escalates

Every ten years, CAL FIRE is required to update the forest management plan for Jackson, the 48,652-acre working redwood forest between Fort Bragg and Willits. And every decade, longstanding tensions resurface — between timber harvesting, ecological restoration, climate strategy, and the well-being of surrounding communities.

This year’s draft introduces two new stated priorities: improving relationships with local tribes and aligning the forest with California’s climate-mitigation goals.

State Highlights Tribal Co-Management and Climate Strategy

At an October meeting in Caspar, State Forest Programs Manager Kevin Conway told attendees that a series of statewide policy shifts is reshaping how Jackson is managed.

“There’s also been some significant public policy changes that have given us additional tools for managing our natural and wildlands,” Conway said. “Some of the significant items I’d like to draw your attention to… Our first: tribal co-management.”

He outlined more than a decade of state actions — including Governor Brown’s 2011 executive order on tribal consultation, the creation of the Truth and Healing Council under Governor Newsom, and the 2020 Native American Ancestral Lands policy.

“This directed state landowners… to provide access and co-management opportunities to local tribes,” Conway said. “And in 2022, CAL FIRE… had our Jackson Advisory Group do a deep dive into the policies and our existing management plan to review it and provide recommendations.”

Conway said JDSF has begun incorporating those recommendations and that tribal input is now embedded in everything from historical interpretation to project design.

“We feel very privileged with the amount of time that local tribal leaders have devoted to working with JDSF staff on co-creating projects, with a specific goal of providing tribal benefits,” he said.

He also emphasized the forest’s role in meeting California’s climate goals — citing carbon storage, beneficial fire, biodiversity protection, and wildfire resilience.

“There’s recognition that redwood forests can play a leading role in climate-change mitigation… We’ve been challenged to reintroduce beneficial fire into all of our forest… And then there are other goals — biodiversity, recreation, wildfire resilience,” Conway said.

Community Members Say the Plan Lacks Specifics

Despite those commitments, many residents say the draft remains too vague and continues to justify commercial timber harvesting under the banner of research.

Scientist Evan Mills urged the state to tighten the plan.

“We see considerable potential to improve the draft plan’s rigor and its clarity,” he said.

Resident Ellen Beekner was more pointed, arguing that the document still reflects an outdated model for forest management.

“We don’t have time for that anymore,” she said. “Anyone who walks in the forest can feel it and know it.”

What’s Next

The public comment period closes December 12.
CAL FIRE expects to release a revised draft of the management plan in March.

Pearce denied all Budinger’s claims, including his assertion that the ten-minute limitation on public comment on the rate increase imposed at the October 9 meeting was not compliant with the act. Instead Pearce suggested it was a policy that the board of directors for the Hopland Public Utility District had previously adopted.

Budinger said he is unaware of any such policy, and he noted that the policy was not enforced at a previous meeting he attended in August.

Neither Joan Norry, president of the Board of Director of the Hopland Public Utility District, nor Jared Walker, the deputy director of water resources for the Ukiah Valley Water Authority, which provides operations services to Hopland responded to a request for comment on Thursday.

Norry had previously responded herself to a Cure and Correct letter sent by Hopland ratepayer Matthew LaFever on October 12. She stated in the response that “the 10-minute time limit referenced applies only to non-agendized items, as clearly noted on the agenda.”

This was only partially true.

In fact, Norry gave specific instructions to the public about the time limit for commenting on the the large rate increase:

“For the timing, for the Brown Act, for speakers on a particular item, the maximum amount of time to speak on an item is 10 minutes, and you’re allowed three minutes each. And so use your time wisely around questions and answers so that everybody can get some questions answered, because we will take questions and answers for 10 minutes.”

Board member Carol Gunter-Hall interjects: “A total of 10 minutes per topic. Per topic. Are we clear on that?”

Ratepayer Vernon Budinger says, “No. So per topic, that means when we get to the issue, the rate increase, that there’s only 10 minutes of discussion?”

Gunter-Hall: “Total, total. So if you divide it, if 15 of you want to speak, you better not repeat yourself. “

Budinger confirmed in an interview he is ready to go to court to enforce the Brown Act. Under the law, he will have 15 days to “commence an action.”

Read our Brown Act coverage:

1. One Brown Act violation after another

2. Hopland Public Utility District Faces Brown Act Challenge

3. Hopland Public Utility District Board Limits Public Comment, Votes to Triple Water Rates

4. Fort Bragg, CA City Council Cancels Discussion of “Anticipated Litigation” After Citizens Raise Brown Act Concerns

This story first aired on KMUD on December 2. We thank KMUD for helping to fund this podcast.