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Article #1688Re: Trail closure (right-of-way question)
From: Dakota
Date: Sat, 13 May 2000 00:00
Date: Sat, 13 May 2000 00:00
36 lines
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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 If the government traded the land to a private party, the public right-of-way has certainly been revoked.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$1@coranto.ucs.mun.ca... > phil <wanttorun100NOwaSPAM@altavista.com.invalid> writes: > > > >Why not do something really crazy like ask permission? I mean > >it is his property and he went to the trouble to put up a > >fence. Also take care not to damage his fence, that will add > >vandalism/destruction of property to trespass. > > > Because the question is 'does the trail constitute a public right-of-way?' > If it does then no trespass has been committed and asking permission > would seem to be an admission that no public right-of-way exists. > > Robert M. Lewis > Curiouser and curiouser!
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 10521e,e1a57c12701586b8 X-Google-Attributes: gid10521e,public X-Google-Thread: fb1ea,e1a57c12701586b8 X-Google-Attributes: gidfb1ea,public X-Google-Thread: 110c99,e1a57c12701586b8 X-Google-Attributes: gid110c99,public From: "Dakota" <rbton@nospamhome.com> Subject: Re: Trail closure (right-of-way question) Date: 2000/05/13 Message-ID: <X62T4.1601$m7.248272@news1.rdc2.tx.home.com> X-Deja-AN: 622786567 References: <8fh5nv$r1v$1@coranto.ucs.mun.ca> <16b0c76e.7b6ca18b@usw-ex0103-023.remarq.com> <8fhp14$agi$1@coranto.ucs.mun.ca> X-Priority: 3 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2615.200 X-Complaints-To: abuse@home.net X-Trace: news1.rdc2.tx.home.com 958180919 24.19.48.25 (Fri, 12 May 2000 18:21:59 PDT) Organization: @Home Network X-MSMail-Priority: Normal NNTP-Posting-Date: Fri, 12 May 2000 18:21:59 PDT Newsgroups: rec.running,can.legal,alt.rec.hiking