Public use of private lands

crn · Joined: 04 Mar 2009 Posts: 10 Location: pine plains

Im looking for information in regards to land owner protection, if such land owner permits trail building and public use on their property. I can"t seem to find anything.

slave2bacon · Posted: Tue Jan 04, 2011 11:16 am Post subject:

This might lead you in the right direction.

Whether the property is posted or not, the New York General Obligations Law (Section 9-103) protects landowners from liability under a particular condition: the person is not paying you to access the property. This includes trespassers and the people you give permission to hunt, bird watch, or hike on your property. Because of this protection, recreational liability lawsuits against rural landowners are uncommon. Recreational activities covered in the law include: hunting, fishing, picking (berries, plants, etc.) canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, caving activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreation (ATVs), snowmobiling, non-commercial wood cutting or gathering, and even dog training.

jmagik172 · Joined: 27 Mar 2008 Posts: 57 Location: Pok, NY

If I build a pump track on my property, I assume it would still be wise to post a sign that says you must sign a waiver to relase the owner of the property of responsibility, etc...
I have a waiver template and was going to run it by a lawyer.
Any suggestions or comments on this?

slave2bacon · Posted: Tue Jan 04, 2011 3:50 pm Post subject:

I cant give you any legal advice about it, but I'd love to ride the pump track!

Any lawyers in this bike club????

crn · Joined: 04 Mar 2009 Posts: 10 Location: pine plains

Are there any websites that have literature posted in regard to this. I thought it was on the DEC site but have not been able to locate.

crn · Joined: 04 Mar 2009 Posts: 10 Location: pine plains

Sorry, Got it. Thank you

jmagik172 · Joined: 27 Mar 2008 Posts: 57 Location: Pok, NY

No worries on not posting legal advice. I'll use the info in your post above and the liability waiver from "Pump Track Nation" (leelikesbikes.com) to protect myself.
All in the club will be welcome to ride and ALL in the club will be welcome to BUILD! Hopefully going to have a build day in March or April at the very latest. I'll post up details as they become available. I figured pizza and a keg will help motivate the masses. I need it done inside a day so the wife will not have time to "comment".

Going to be a ton of fun!

tom church · Joined: 20 Sep 2006 Posts: 533 Location: Beacon

Just keep in mind that while you are protected...they can still sue you and you have to pay for a lawyer to defend yourself. They will loose but they can still sue...

Tom
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Tom Church