On Tue, 26 Jul 2016 00:01:04 -0400, Micky wrote:
That's easy to avoid without closing the whole road off.
I agree with you that closing the road is too onerous.
Signage is what we need.
You post "private road; travel at your own risk"
Legally that's the wrong set of words, but the concept is correct.
The correct set of words is described in this PDF:
http://www.indiopd.org/pdf/Trespassing_Requirements.pdf
PRIVATE PROPERTY
TRESPASSING/LOITERING FORBIDDEN BY LAW
VIOLATORS WILL BE PROSECUTED
CALIFORNIA PENAL CODE 602
You pick one day a
year (though that is more than is needed. Once every N years,
depending on the state is sufficient) to close off the road.
I don't know if that one-day-a-year road closure is actually needed, but it
does seem like a good insurance policy to do so, which *proves* that you
*can* do it.
The police were called this weekend, and they didn't stop me; which is the
point that we're establishing that "we" have control of the road access.
You take
pictures of it, complete with something to show what date it is. That
will work better than the gate which will be shut as planned for six
months and then open all the time when no one is wiling to tend it.
I did take a picture and posted it already:
http://i.cubeupload.com/9GFo0Q.jpg
I understand that the road is well paved. If they fall off their bike
and hurt themselves, it's unrelated to any negligence of yours.
Yeah. Tell that to the personal injury lawyers.
And
is anyone going to fall off his bike under those circumstances? I've
falled twice in 20 years and each time it was a big chuckhole filled
with water, not a well paved street.
It doesn't matter. If you let someone on your property, you're responsible.
If you don't stop someone from being on your property, you're responsible.
If you tried to stop them, and they still came on, you're still
responsible, but you have a better case (and they have a worse case).
Do you own the road or not? If you do, they are covered by your
homeowners insurance, just like the sidewalk from the driveway to
your front door is.
Thanks. Would you like to pay my premiums?
If not, then we can drop this whole talk.
I own the road, and my insurance costs me thousands of dollars every year.
Oh, please. The road doesn't require any improvements and you know
it, and if it did need repaving, you and your neighbors would see to
it anyhow, for reasons unrelated to these bicyclists.
OK. Up until now you were reasonable. You have absolutely no idea how much
money it would costs to improve a road that is about a half mile long.
It's more money than I own.
I think it's mythical.
From your armchair seat, that's understandable.
But not from mine.
That's the way the vast majority of the US and every country lives.
Your property is over 1000 feet in one direction? You've let money go
to your head.
The zoning out here is 40 acres to a property.
Anything less than 80 acres can't be subdivided.
That's bad, but by your own words that was after you told them they
couldn't use the road, after it being used that way, and he was angry.
And by the way, "up your ass " is on the very mild end of foul
language. When you first said foul, I thought you meant much worse.
Oh, it was much worse. The police were even offended enough to not even
write up a report when they called the police on me for blocking the road.