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Is biking through "private property" ok?

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Is biking through "private property" ok?

Old 08-16-21, 01:44 PM
  #51  
cuevélo
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Originally Posted by GhostRider62 View Post
Not to my knowledge. It is identical.

Can you name a single state where a "Private Property" sign on a private way thru a private property gives you right of access. I doubt you can find one but it is possible.
Give this a read.

https://www.mainelegislature.org/leg...7-asec402.html
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Old 08-16-21, 02:08 PM
  #52  
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Originally Posted by cuevélo View Post
That is for criminal trespass. How one gives notice certainly varies from state to state. You can use purple paint. You can tell the person. You can have or should have a fence as the OP said. You can post with signs. You can have a rock wall. If there is a question of intent, courts decide. Maine has vast swaths of land owned by timber companies that many use for recreation. It also has a history of these remote private lands being used by the public.

In the situation given by the OP, there is a residential community bounded by two public roads. Cutting thru the private community is convenient. A "Private Property" sign is more than sufficient for me not to break the law. It is just that plain and simple, black and white to me. OP asked opinions, I think mine is very clear.
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Old 08-16-21, 04:04 PM
  #53  
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In Arizona it's illegal to use a private corner parking lot such as a gas station, as a cut through in your car to avoid having to wait at the light.
https://www.vanosteen.com/traffic/pr...%20devices.%22

It would surprise me if Arizona is the only place with such a law and I can't really see how this is any different compared to riding your bike through an apartment complex, but I doubt it's enforced.
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Old 08-16-21, 08:08 PM
  #54  
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I'm curious whether you can drive through it virtually, using Google Street View. I wonder if the Google driver took that short cut,,,,
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Old 08-16-21, 08:09 PM
  #55  
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I looked at a piece of property a few years back that sat on a corner with a school just a couple of blocks down the street in one direction and a convenience store just a block down the street in another direction. There was a well worn path from one corner of the property, alongside the house, and out the other corner of the property. I really liked the place, but after doing some research and discovering that I didn't have the right to put up a fence to prevent kids from cutting through the property I passed on it. If I'm not mistaken, it was covered under imminent domain or some such thing. Because it had been allowed for so many years it became part of the deal. Go figure. Not in my world.
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Old 08-17-21, 09:03 AM
  #56  
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Originally Posted by GhostRider62 View Post
That is for criminal trespass. How one gives notice certainly varies from state to state. You can use purple paint. You can tell the person. You can have or should have a fence as the OP said. You can post with signs. You can have a rock wall. If there is a question of intent, courts decide. Maine has vast swaths of land owned by timber companies that many use for recreation. It also has a history of these remote private lands being used by the public.

In the situation given by the OP, there is a residential community bounded by two public roads. Cutting thru the private community is convenient. A "Private Property" sign is more than sufficient for me not to break the law. It is just that plain and simple, black and white to me. OP asked opinions, I think mine is very clear.
I've found nothing in the Maine statutes that indicates that "Private Property" means "No Trespassing". I can't find anything other than "criminal trespass," at least pertaining to a person on a bike. I remain unconvinced that going on a road labeled as "private" is breaking the law.
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Old 08-17-21, 10:31 AM
  #57  
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Originally Posted by cuevélo View Post
I've found nothing in the Maine statutes that indicates that "Private Property" means "No Trespassing". I can't find anything other than "criminal trespass," at least pertaining to a person on a bike. I remain unconvinced that going on a road labeled as "private" is breaking the law.
https://legislature.maine.gov/statut...-Asec2057.html
11. Avoidance of traffic control device prohibited. An operator may not operate a motor vehicle through a parking area to avoid obeying or conforming to the requirements of a traffic control device.

It's possible that cutting through an apartment complex could get you a ticket in Maine depending on how an officer interprets this part of the Maine traffic code and if bicycles are supposed to follow the same laws as motor vehicles.
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Old 08-17-21, 10:37 AM
  #58  
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Originally Posted by cuevélo View Post
I've found nothing in the Maine statutes that indicates that "Private Property" means "No Trespassing". I can't find anything other than "criminal trespass," at least pertaining to a person on a bike. I remain unconvinced that going on a road labeled as "private" is breaking the law.
Ok. Do as you wish. Who cares. Just stay off my lawn.
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Old 08-17-21, 11:28 AM
  #59  
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Originally Posted by RoadKill View Post
https://legislature.maine.gov/statut...-Asec2057.html
11. Avoidance of traffic control device prohibited. An operator may not operate a motor vehicle through a parking area to avoid obeying or conforming to the requirements of a traffic control device.

It's possible that cutting through an apartment complex could get you a ticket in Maine depending on how an officer interprets this part of the Maine traffic code and if bicycles are supposed to follow the same laws as motor vehicles.
I think it's a stretch to apply this to bicyclists, when their goal is to go in a lower traffic area, not to avoid a traffic control device.
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Old 08-17-21, 01:17 PM
  #60  
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It’s not trespassing until someone says, right?
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Old 08-27-21, 12:23 AM
  #61  
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I might have mentioned previously in this thread that the apartment complex I sometimes ride through, I used to live in. So Irecognize that there were regular trash pickers that came through mostly pilfering the recycling for CRV but also grabbing anything else that was set out. People are moving in and out of apartments all the time and abandoning stuff, and parking it by the dumpster is the universal "this is ok but I can't be bothered to sell it" signal. Making me think of this, @rhm wrote in another thread today

Four times i have found bicycles out with the trash. One was a decent KHS mtb. I had to put the wheels in right and fix a qr and pump up the tires before i could ghost ride it four miles home. Good bike! My daughter used it for years until it got stolen last year. The bike she had before that was a little Schwinn MTB with 22” wheels. I went back for that one with the car.
Another was a Diamondback mtb, nice steel frame, no suspension, good components. I ghost rode it home and gave that to a neighbor (probably a mistake). Also a black Raleigh Sports for my wife. The hub dates it to the month she was born. That was so close to home that i just walked both bikes.
Now how are you gonna find that stuff if you don't ride through?
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Old 08-29-21, 10:16 AM
  #62  
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Originally Posted by joinacult View Post
It’s not trespassing until someone says, right?
Correct. It depends on the discretion of the property owner. I had described in my post (#46) one owner chose not to do anything and the other chose not to give access to a bike trail in the winter.

I think most of the time, the no trespassing signs were targetting drivers. If cyclists and pedestrians were to become a problem, then the property owners would start to do something about it.
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Old 08-29-21, 01:46 PM
  #63  
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WI Statutes 943.13

(am)
A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this paragraph under either of the following procedures:
1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must provide an appropriate notice and the name of the person giving the notice followed by the word “owner" if the person giving the notice is the holder of legal title to the land and by the word “occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this subdivision.
2. If markings at least one foot long, including in a contrasting color the phrase “private land" and the name of the owner, are made in at least 2 conspicuous places for every 40 acres to be protected.

​​​​​​https://erc.cals.wisc.edu/woodlandin...7/09/G3326.pdf

​​​​​​https://www.wisbar.org/newspublicati...ArticleID=7969
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