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Article #1688

Re: Trail closure (right-of-way question)

#1688
From: Dakota
Date: Sat, 13 May 2000 00:00
36 lines
2560 bytes
From all you've stated, the trail is no longer in the public domain.  Your
only recourse is to gain permission from the new owner.  If the government
traded the land to a private party, the public right-of-way has certainly
been revoked.  By building a fence, the new owner has made his intentions
known.  Not too hard to figure out?  Right of way is just semantics.  Who
owns the land is the real question.  If the farmer owns it, you're
tresspassing if you don't have his permission.

Why not be a friend and just ask?  Guaranteed, if he sees you hopping the
fence, he's probably thinking a bigger fence is needed (maybe electrified).

Remember -- even on public right-of-ways, this is a privalege, NOT a right.
(We Americans tend to confuse the two all too frequently).  Technically, you
didn't have a 'right' to be there even when it was public land.  Asking
permission won't change the facts...




Robert M. Lewis <lewis@morgan.ucs.mun.ca> wrote in message
news:8fhp14$agi$1@coranto.ucs.mun.ca...
> phil <wanttorun100NOwaSPAM@altavista.com.invalid> writes:
>
>
> >Why not do something really crazy like ask permission?  I mean
> >it is his property and he went to the trouble to put up a
> >fence.  Also take care not to damage his fence, that will add
> >vandalism/destruction of property to trespass.
>
>
> Because the question is 'does the trail constitute a public right-of-way?'
> If it does then no trespass has been committed and asking permission
> would seem to be an admission that no public right-of-way exists.
>
> Robert M. Lewis
> Curiouser and curiouser!
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From: "Dakota" <rbton@nospamhome.com>
Subject: Re: Trail closure (right-of-way question)
Date: 2000/05/13
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