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Something that erks me. Land use and the uninformed rider. Liability

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Where I grew up, south side of Pueblo Co, I could ride from the Pueblo all the way to the very front range. This happened in two ways, one by having a single land owner (40 acres) who under stood the law, that he in fact had no liability, as long as he had not be informed of anything that could cause harm on his land (and ignored it e.i. a large open pit that one could fall in such as a mine) and did not charge any money.  There was a group of us that rode this land and then soon other owners took notice and via informing them of the truth, they in turn opened there land up to us until a man named (unsure of spelling) Bernard Parson owner of nearly 500,000 acres of land opened his land to us also. Admittedly my friends and I protected our right to ride with not just taking anyone out and not tearing up things that were not ours to damage. And that was it, simple as that.  We rode everything in sight for 13 years (until I moved at 18-19 years old). I learned to ride every condition and had serious skill back then, have some old injuries and got lucky riding in backs of trucks with them for miles back home hoping it was just broken collar bones, clavicle or what ever it was that time. 

Now here is what pisses me off. I hear, read, listen to riders spout nonsense that land owners do not open their land due to liability. That is complete bullshit. While I respect a land owner that does not want riders on there land. I cannot stand by while uniformed riders help scare the land owners that might very well be the key to them actually having good riding land. 

Most states are like I describe, simply google your state name and Recreational Use Statute.  Protect your right to ride and do not scare land owners that might otherwise be our friends!

In Alabama, were I currently reside is as follows:

Quote

Alabama Recreational Use Statute

 

CODE OF ALABAMA
TITLE 35: PROPERTY 
CHAPTER 15: DUTY OF CARE OWED PERSONS ON PREMISES FOR SPORTING OR RECREATIONAL PURPOSES
ARTICLE 1: GENERAL PROVISIONS

§35-15-1. No duty owed except as provided in section 35-15-3

An owner, lessee or occupant of premises owes no duty of care to keep such premises safe for entry and use by others for hunting, fishing, trapping, camping, water sports, hiking, boating, sight-seeing, caving, climbing, rappelling or other recreational purposes or to give any warning of hazardous conditions, use of structures or activities on such premises to persons entering for the above-stated purposes, except as provided in section 35-15-3.

HISTORY: Acts 1965, No. 463, p. 663, s 1; Acts 1991, No. 91-666, p. 1274, s 1.

§35-15-2. Effect of permission to use premises

An owner, lessee or occupant of premises who gives permission to another to hunt, fish, trap, camp, hike, sight-see, cave, climb, rappel or engage in other sporting or recreational activities upon such premises does not thereby extend any assurance that the premises are safe for such purpose nor constitute the person to whom permission has been granted the legal status of an invitee to whom a duty of care is owed or assume responsibility for or incur liability for any injury to person or property caused by an act of such person to whom permission has been granted, except as provided in section 35-15-4.

HISTORY: Acts 1965, No. 463, p. 663, s 2; Acts 1991, No. 91-666, p. 1274, s 1.

§35-15-3. Otherwise existing liability not limited

This article does not limit the liability which otherwise exists for wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or for injury suffered in any case where permission to hunt, fish, trap, camp, hike, cave, climb, rappel or sight-see was granted for commercial enterprise for profit; or for injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike or sight-see was granted to third persons as to whom the person granting permission, or the owner, lessee or occupant of the premises owed a duty to keep the premises safe or to warn of danger.

HISTORY: Acts 1965, No. 463, p. 663, s 3; Acts 1991, No. 91-666, p. 1274, s 1.

§35-15-4. General duty of care or ground of liability not created

Nothing in this article creates a duty of care or ground of liability for injury to person or property.

HISTORY: Acts 1965, No. 463, p. 663, s 4.

§35-15-5. Right to go on lands of another without permission not created

Nothing in this article shall be construed as granting or creating a right for any person to go on the lands of another without permission of the landowner.

HISTORY: Acts 1965, No. 463, p. 663, s 5.

ARTICLE 1: Limitation of Liability for Non-commercial Public Recreational Use of Land.

§35-15-20. Legislative intent

It is hereby declared that there is a need for outdoor recreational areas in this state which are open for public use and enjoyment; that the use and maintenance of these areas will provide beauty and openness for the benefit of the public and also assist in preserving the health, safety, and welfare of the population; that it is in the public interest to encourage owners of land to make such areas available to the public for non-commercial recreational purposes by limiting such owners' liability towards persons entering thereon for such purposes; that such limitation on liability would encourage owners of land to allow non-commercial public recreational use of land which would not otherwise be open to the public, thereby reducing state expenditures needed to provide such areas.

HISTORY: Acts 1981, No. 81-825, p. 1468, s 1.

Extended here: https://www.americanwhitewater.org/resources/repository/Alabama_Recreational_Use_Statute.htm

 

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