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Who's liable for the court costs if the idiot is hurt or killed while using a private bit of land without consent? The owner is likely to face years of crap.
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Originally Posted by Rowan
(Post 20699702)
Who's liable for the court costs if the idiot is hurt or killed while using a private bit of land without consent? The owner is likely to face years of crap.
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Originally Posted by jon c.
(Post 20699364)
Having said all that, a public trail is a whole different matter. I understand land owners wanting to be more restrictive when there is the potential for much greater use. Such use would lead to a host of potential issues and who needs the headaches. I would be hesitant to buy property abutting a public trail for that reason. Once you transition from 'a guy laying down a bedroll for the night' to 'public use', the rules of accommodation change a great deal in my view. A bike tourist in that setting should be cognizant of the realities of a public trail and stay off private property. Being accommodating to your fellow man goes both ways. I believe the KATY is remiss in accommodating long distance cyclists. That said, I have ridden a large section of it - 5 nights and stayed in hotels 2 of those. I camped legally the other nights and I didn't find the KATY all that accommodating to camping legally in general. That was 2005. Perhaps things have changed.
Originally Posted by spinnaker
(Post 20697973)
And if you indeed are breaking the law then you belong in jail. There you get to stay for free.
Originally Posted by alan s
(Post 20699470)
I’m certainly not into stealth camping and don’t advocate anyone doing it, but property owners take it too far when they use the mere possibility that someone may stealth camp on private property adjacent to a rail trail as an argument against rail trails in general. As I said earlier, those that make such arguments are greedy, selfish or both. The abandoned ROW is a unique and very valuable resource for everyone, including the landowner, and only in rare circumstances should the property revert back to the original owner.
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Originally Posted by spinnaker
(Post 20697973)
You don't need to be "rich" to camp. If you can't even afford to camp then sorry you should not be touring. I don't car if you don't leave a trace. Staying on private property without permission (regardless of local laws) is trespassing and akin to stealing in my book. And if you indeed are breaking the law then you belong in jail. There you get to stay for free.
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Originally Posted by JoeyBike
(Post 20700095)
We should all treat stealth camping the same way the vast majority of us treat the posted speed limit. If you have law breaking sensibilities, and you think you can get away with it, the consequences are on you. From what I see on Interstate highways (and other institutions), this is the American way.
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Originally Posted by pdlamb
(Post 20700210)
I'm not sure how you would stealth camp 10 mph over the posted speed limit.
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Originally Posted by skookum
(Post 20700283)
I'm imagining a tent pitched on the back of a flatbed truck.
Oh wait....I have used Amtrak in the past. I don't count that towards my bike touring miles tho. |
Originally Posted by skookum
(Post 20700283)
I'm imagining a tent pitched on the back of a flatbed truck.
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Originally Posted by alan s
(Post 20698844)
I’d say they lost their property when the railroad went through, and are not getting it back, ever. When was the railroad built? A hundred years ago? The property owners are raising bogus claims of trespassing by stealth camping? Pretty lame argument. It really just comes down to selfish greed. It's easy to see rights and property as trivial or meaningless when they're someone else's. The guy who stole my bike figured I wasn't using it and he needed one. Why should I get upset? |
Originally Posted by Eggman84
(Post 20700168)
Whats your problem whenever stealth camping comes up?
People who speed in cars take their chances. They have a million ways to justify breaking the law, or give it zero thought. Speeders increase risk on the road for everyone. Strict enforcement does not even seem to help. It is not a great leap to go from wanton lawlessness on the highway by motorists to someone willing to risk a night in a poison ivy patch. It's all illegal, but should not be that difficult to understand the CONCEPT of breaking the law when it hurts no one. I guess if you found some stranger sleeping in your car it might set you back a minute. I am trying to understand the aversion to occasional harmless "trespassing" myself. I guess this is as close as I can get to that feeling. If some dude(s) were camping for one night on my front lawn without permission I woudn't give a dang, much less under a shrub two miles from my house. Obviously, everyone is not like me and thankfully so. "What If" they get hurt on my property? What if the mailman gets hurt on my property? That guy/gal shows up every day. I have liability insurance. |
Originally Posted by jon c.
(Post 20699364)
I find the current attitude sanctifying the absolute exclusivity of private property to be disheartening. I'm guessing they don't allow the full lyrics of "This Land is Your Land" into schools.
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Originally Posted by bbbean
(Post 20700305)
It's easy to see rights and property as trivial or meaningless when they're someone else's. The guy who stole my bike figured I wasn't using it and he needed one. Why should I get upset?
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Originally Posted by bbbean
(Post 20700305)
That's not how it works. The land was taken through eminent domain and owners were paid a fraction of the value, with the agreement that if the railroad ever ceased to function, the land would revert back to the original owners or their successors. You may view it as "selfish greed", but the property owners see it very differently.
It's easy to see rights and property as trivial or meaningless when they're someone else's. The guy who stole my bike figured I wasn't using it and he needed one. Why should I get upset? |
Originally Posted by JoeyBike
(Post 20700330)
If someone slept on your front lawn AND stole your bike and spray-painted smiley faces on your garage door, I would be 100% in your corner. Trespassing is not theft or vandalism. It's a whole different set of laws. Mostly designed to prevent theft, poaching, and vandalism.
But ultimately, all the considerations come down to one simple concept. The property isn't yours. It belongs to someone else, and they haven't invited you to use it. So don't use it. If you want to use it, ask permission. This isn't complicated. |
Originally Posted by alan s
(Post 20700332)
Not taken by eminent domain. The RRs obtained an easement with a reversion interest. It’s a complex subject, not easily discussed on a bike forum. The selfish, greedy adjoining landowners want money from the taxpayers, or to hoard the land. Personally, if it was my land, I’d welcome a trail. Why is it selfish and greedy to want to adhere to the terms of an agreement? Is it conceivable that even one landowner might have legitimate concerns or a different perspective than you? BB |
The US Government basically gave land to settlers, then railroads came along, and took over a very small portion of that land, which was in the national interest. Now that things are more built up, it is greedy and selfish to say you need that land for farming. And, frankly, ridiculous. |
Originally Posted by alan s
(Post 20700394)
The US Government basically gave land to settlers, then railroads came along, and took over a very small portion of that land, which was in the national interest. Now that things are more built up, it is greedy and selfish to say you need that land for farming. And, frankly, ridiculous. |
I am normally general manager of a property that grows and harvest cherries. Last picking season, I told four foreigners who were camped with about 10 others to leave because they would consistently to turn up to work for half a day, then depart to the campsite. I told them to leave by the same afternoon, and not to came back at all. Now it seems the owner has decided none of the picking and processing staff are permitted on any of the property outside allocated day-time attendance. Simplifies thing for management, but is based entirely on insurance costs which really aren't wanted for overnight stayers. Also there is noneed to waste labour time in cleaning the rubbish and mess left behind. Shame I will miss out the experience season as I still recover from a near fatal workplace series of injuries last March. But the guy acting in my position is fully clued up on it all. And just an indicator, three of the top five pickers we've had in five seasons arrived on bicycles in my first season there. |
Originally Posted by bbbean
(Post 20700350)
I have lost tens of thousands of dollars over the years to trespassers who have vandalized my farm, stolen equipment from my farm, damaged crops, interfered with equipment, created safety hazards, etc. People have used my farm for a variety of criminal activities. Many, if not most rural landowners can tell similar tales. YOU may only intend to pitch a tent and roll out in the roll out in the morning, but I can't tell that just from looking at you. None of that even addresses privacy, liability, or hazards you may not be aware of.
Originally Posted by bbbean
(Post 20700350)
But ultimately, all the considerations come down to one simple concept. The property isn't yours. It belongs to someone else, and they haven't invited you to use it. So don't use it. If you want to use it, ask permission. This isn't complicated.
I can't argue with you because you are right. I also know that a savvy stealth camper could come and go from a carefully chosen location and no one would ever know. |
You could even argue that having a rail trail through your property would be better from a security standpoint. Thieves and vandals don’t want witnesses.
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Originally Posted by Rowan
(Post 20700615)
The first paragraph answers. Thanks.
I am normally general manager of a property that grows and harvest cherries. Last picking season, I told four foreigners who were camped with about 10 others to leave because they would consistently to turn up to work for half a day, then depart to the campsite. I told them to leave by the same afternoon, and not to came back at all. Now it seems the owner has decided none of the picking and processing staff are permitted on any of the property outside allocated day-time attendance. Simplifies thing for management, but is based entirely on insurance costs which really aren't wanted for overnight stayers. Also there is noneed to waste labour time in cleaning the rubbish and mess left behind. Shame I will miss out the experience season as I still recover from a near fatal workplace series of injuries last March. But the guy acting in my position is fully clued up on it all. And just an indicator, three of the top five pickers we've had in five seasons arrived on bicycles in my first season there. |
Originally Posted by alan s
(Post 20700738)
You could even argue that having a rail trail through your property would be better from a security standpoint. Thieves and vandals don’t want witnesses.
Who's going to see anyone committing theft in a distance from a passing trail in the dark (or even daylight)? Have ever lived in a remote country environment? I have; it ain't easy keeping up a 24 watch. Anyone "visiting" by using access roads where I work now is intercepted, and told to leave immediately under supervision. Easy trespassers off boats walking on the land are intercepted and told to leave, without any excuse. And remember that people committing crimes are often carrying loaded weapons. Just do a thread check of BFs to see does it when riding bikes. Do the properties owned privately along the K Trail, pay local and/or state government taxes? |
Originally Posted by alan s
(Post 20700746)
Sounds like you had a rough year. Hope everything is getting better for you. |
Originally Posted by JoeyBike
(Post 20700675)
Do you imagine that even one of these crimes could be attributed to bicycle tourists? Speaking for myself, my load is big enough out there cycling self contained for months on end. Unless I came across a solid gold brick at the edge of your property, or paper money blowing down the road, I would not want to carry so much as an extra matchstick.
Originally Posted by JoeyBike
(Post 20700675)
I can't argue with you because you are right. I also know that a savvy stealth camper could come and go from a carefully chosen location and no one would ever know.
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Originally Posted by alan s
(Post 20700738)
You could even argue that having a rail trail through your property would be better from a security standpoint. Thieves and vandals don’t want witnesses.
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