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Old August 30th, 2007, 01:26 PM   #21
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Someone PLEASE correct me if I'm wrong...but isn't he required to post his land or ROW with "no tresspassing" signs or else he cannot prosecute right? My father got me out of a trespassing predicament with a land owner when I was 16 because of this rule. Let's just say there was a car, a field, and a girlfriend involved.:tonka:
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Old August 30th, 2007, 10:05 PM   #22
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All I ever hear about is the "Recreational Trespass" law that says YOU are responsible to know who's land you're on at all times.

It's in the annual Deer Hunting Guide every year.
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Old August 30th, 2007, 10:26 PM   #23
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theres two versions, the play stupid one where you have no clue where you are. and the I messed up one where you knew damn well where you were and shouldn't have been there.
my friends dad got sued by a guy who was tresspassing and broke his leg on a sled while ditch jumping on his land. because it said no tresspassing and not "Ride at your own risk" he was libal for the guys injuries.
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Old August 30th, 2007, 11:11 PM   #24
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Quote:
Originally Posted by Yetti View Post
because it said no trespassing and not "Ride at your own risk" he was libel for the guys injuries.

????

Seems like it would be the other way around!

NO trespassing = you weren't supposed to be here to break your leg in the first place, so I'm not payin for it.

Ride At Your Own Risk = Permission to ride, if you break your leg, I said it was OK, so I'm libel.


???
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Old August 31st, 2007, 12:22 PM   #25
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Michigan's entire law system seems to need a total reorganization & B.S. filter.
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Old August 31st, 2007, 01:41 PM   #26
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Trespass requires an initial warning and refusal to leave and/or repeat offense after a prior warning.


Recreational Trespass is during a recreational activity, offroading, hunting, fishing, etc., you are suppose to be carrying written permission by the landowner anywhere other than your own or public land. Technically, the officer is not required to check with the landowner, it's your burden of proof. He may also impound your "recreational equipment". In laymans terms that is.
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Old September 1st, 2007, 09:32 AM   #27
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Quote:
Originally Posted by Trail_Fanatic View Post
????

Seems like it would be the other way around!

NO trespassing = you weren't supposed to be here to break your leg in the first place, so I'm not payin for it.

Ride At Your Own Risk = Permission to ride, if you break your leg, I said it was OK, so I'm libel.


???
I know its sounds stupid, but the way the law reads you are responsable for anothers actions unless you for warn them.
Now Ohio has a law that states if you operate a recreational vehicle of anykind or tresspass and get hurt thats your fault. now heres the loophole.

IF you attempt to empede travel by ANY means like blocking existing paths by dumping nails or setting traps you are in violation of attempt to do great bodly harm less then death. you can get 20 years for it.

the other nice thing about Ohios law is the land owner doesn't have to insure againest you crossing his land on your sled or ORV. its a good law it makes you the user responsable for your own actions.
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Old September 1st, 2007, 10:53 AM   #28
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I'm pretty sure that would be law in all states. I especially like the guys that plow the snow out of their driveway and leave it in the road...

Section 67.20
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THE GENERAL LAW VILLAGE ACT (EXCERPT)
Act 3 of 1895


67.20 Obstructions, encroachments; removal; offenders, punishment.

Sec. 20.

The council shall have the power to prohibit and prevent obstructions and incumbrances in and encroachments upon the public highways, streets, and alleys of the village, and remove the same; and to punish those who shall obstruct, encumber, encroach or maintain any encroachment, upon or in any such highway, street or alley; and to require all such persons to remove every such obstruction, incumbrance or encroachment.


History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2788 ;-- CL 1915, 2659 ;-- CL 1929, 1568 ;-- CL 1948, 67.20


© 2007 Legislative Council, State of Michigan
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