OC homeowner says Caltrans used his property without permission: 'They can't just bully people'

SAN JUAN CAPISTRANO, Calif. (KABC) -- A San Juan Capistrano homeowner says he is frustrated after years of what he describes as unauthorized use of his property by Caltrans construction and maintenance crews, alleging damage to his fencing and landscaping and repeated access without his permission.

Logan Bates said he purchased the home in part because of its larger lot size compared with other properties in the neighborhood.

"I liked having a little more property, something where my dogs and me could run around," Bates said.

According to Bates, the property's size is tied to past expansion of the 5 Freeway.

"The property ended up that way from back in the day when the 5 Freeway was widened," he said.

Because of the home's proximity to the freeway, Bates said he anticipated occasional construction activity. However, he said he did not expect crews connected to a state agency to repeatedly use portions of his land.

"A state agency coming and just taking over my property without permission and creating destruction and havoc for over two years," Bates said.

Bates said the issues began in 2022. He provided photos and videos that he said show portions of his property being used as a construction staging area, with large equipment stored on-site and crews entering areas around his home.

For years, Bates said he has contacted Caltrans seeking a resolution.

"I was really hopeful that this was just a miscommunication and we were able to resolve that miscommunication easily," he said. "But as time went on and as communications got poorer and poorer, I was really getting frustrated with the lack of accountability that Caltrans had."

Bates alleges the activity has caused damage to his property, including broken and torn down fencing.

"As well as damage from dropping off fuel tanks onto my property," he said.

Bates said he has filed multiple complaints and damage claims and has also contacted local lawmakers regarding the issue.

In early 2025, Bates said he met with Caltrans representatives and believed an agreement had been reached regarding future work in the area.

"They did acknowledge that if they were ever going to perform work in the area of Avenida Los Amigos again, they would dub me as the street representative and they would reach out to me to coordinate those efforts," Bates said. "And that completely got shattered at the beginning of June when they showed up and started the whole thing all over again."

As he set aside money for repairs, Bates said he installed a light and camera, posted private property and no trespassing signs, and marked his property boundaries with rope.

"My big hope is that Caltrans can realize that they can't just bully people," Bates said. "They might be a state agency, but they can't just bully citizens and private property and just steamroll their way into doing a project."

In response to questions about the property, Caltrans confirmed it had previously received concerns regarding their work at the location.

"We routinely conduct regular maintenance in the state right of way, including reducing fire hazards, clearing encampments, maintaining fencing, and performing scheduled upkeep," the agency said in a statement. "Caltrans is confirming property map details regarding the access point at this location and, in the meantime, is using an alternate entry point."

Bates said he has obtained estimates for repairs to damaged fencing and landscaping.

"I got bids between $40,000 and $50,000," he said.

As he seeks repairs and a permanent resolution, Bates said he hopes future work will respect both his property and the surrounding community.

"The blatant disregard for our community and its community members was extremely disrespectful," he said.