Thats to bad The bauer pit is closed, we used to go there alot, but havent been there in a while.
There was an awesome pit in Hastings that was legal to ride in( the picture in my profile of the 1986 TRX 250R was taken right behind the hastings pit) , but the no tresspassing signs go up and down over there.
sometimes they let you ride there sometimes they dont

 

Looks like I owe klier a six pack...

I had a serves call out by Roys. so I was thinkin stop in & see if the old boy is still kickin.I stoped up @ the house talked to him a half hour or so.
& he said that the police were out a while back & told him pretty much what ATC83 is sayin If Roy gives you permission to ride there you can as long as he is not charging to do so (buttheoldboyisstilltakindonations) So dont no what to tell you guys. I was there sunday with like 20 other ppl..I was there all day no cops no body bitchin I had fun.& i guess in till I get kicked out by a cop or some type of law inforcement or Roy say I cant ride there any more..Iam going to. So if any of you guys want to ride this weekend if its not raining I will be there on saterday for a bit..just stop up @ the house 1st chit chat with Roy for a few mins & fun all day =p


klier I'll bring your six pack[img]i/expressions/face-icon-small-cool.gif[/img]

 

just so we have our bases covered, I will contact those who will know if it's legal or not and post back here with the results.

 

I was on the way to Nerstrand to do some computer work over there today, and it appears that everything at Bauer's is still closed up. What zbutcher says definitely makes sense though. About the only thing that you could get called on is noise violations, or if you're dumb enough to drink/do drugs out there. I just don't want to get a fine or get something confiscated going there and not knowing "for sure".

Let me know what you find out Dave, and about the other stuff we talked about last night. It'd be awesome to get riding back at Bauer's Pit!

 

ya klier. Roy has A flatbed trailer where you use to go into the pit. now you hav to drive up to the house go talk to Roy for 10mins or so & drive through the barn on the right to get into the pit.

Guys iam not tryin to rattle anyones cage here..
But @ ths point of the game.I could care less...I tryed to do my part!!
The A$$holes on that board that made up & yes made up the so called Laws, for the pit,R A Flippin joke half of them dont even go along with State guide lines for A off Road park.
& like Roy said,that the cop said, "I can't give you a ticket for riding on your own land" So in till Roy say I cant...I will

so see ya saterday!!!

klier whats your flavor????

 

ZButcheR,

as far as the Commissioners go, they, like every level of government, can make up their own laws for their jurisdiction. As you know, these laws are more commonly called ordinances. Every city, Township, and County has their own that can/will/do go beyond the state guidelines.

It's easy to find oursleves pointing fingers at those who stand in our way, but they have a job to do. And that's to look out for the best interests of those who live in their county. It doesn't seem right. It doesn't seem fair. Especially when there is so much at stake. Although the temptations are leaning towards saying "SKROO 'DIS CHIT", we still need to do our homework to ensure we wouldn't get tickets if we decide to ride in Bauer's again. We all know that Roy wants us there. But there is a time when we need to step back and look at the situation and understand what "OUR" actions might do. Not only to the Bauer family, but to the entire off-road community.

Do as you so choose. I, nor anyone else, can stop you.


On a side note, our website has been getting some posts from someone claiming to be Roy's son. We are in the process of collecting IP addresses from the posts to verify who the poster is. One of our members even received a reply back from this person who claims to be Roy's son. Honestly, I hope it is. But I will personally refrain from riding in Bauer's until I know for a fact there will not be any legal or financial implications for doing so.

Thanks for all of your help in the past Butcher. It is greatly appreciated.

 

LEP7MM,
The only legal or financial implications that Roy would take on be letting people ride for free on his private property are in the area of liability. If someone got hurt while riding at his pit he could be sued civilly. Any individual takes on the same liability when they let someone in their house. If someone gets hurt you take on the liability. Of coarse typically your homeowner’s policy will cover this type of accident up to a fixed amount. Roy’s homeowner’s policy, if he has one, most likely wouldn’t cover people riding in his pit even when he allows it because I’m certain that these types of activities would be outside the scope of his policy. If Roy wants to let people ride on his private property for free and he is comfortable taking on the liability it is his right guaranteed under the Constitution as a citizen of the United States of America. From the research I have done I have concluded that there is nothing the township, county or state can do about Roy letting people ride ATV's on his private property, as long as no local ordinances are broken. The only way he could be stopped is if the State of Minnesota enacts legislation limiting the use of ATV's on private property. As I have stated before in previous posts, legislation of this nature has been introduced in the state legislature but it has never got past conference committee. One of the reasons it has not made it past conference committee is that it would most likely be challenged in the courts and ultimately deemed unconstitutional. The ramifications of a law of this nature would be so great that is most likely will never see a vote.

 

ATC83,

I don't have the info with me (I'm at work), but there is a law that protects property owners who allow people on their land for recreational purposes. So liability is not an issue. So long as Roy does not collect any type of payment whether it's a 6-pack of Bud, a Penthouse, cash donations, and the list goes on.

The issue at stake is the fact that Roy did violate the conditions of the CUP. The county in turn ordered for the pit to be closed to off-road traffic. One other thing that was brought into play is that according to a specific neighbor of Roy's, the pit is considered an "Attractive Nuisance" which brings with it noise violations and dust conditions. Now as far as the dust is concerned, there is more dust raised by general traffic than ATV's. But this wasn't immediately recognized by the commissioners in the meeting I attended. This opint was stricken from the CUP thanks to one of the board members.

 

LEP7MM,
Do you think we might be hurting our chances of Bauwers pit becoming a GIA riding area in the future if ATV's continue to ride there even if it is leagal when people ride for free or do you think the costs are just to great for it to ever become a GIA riding area? I beleive you said in a previous post the cost was $250,000.00. That is a very large sum of money. If it's true that because of the costs, it will never become a GIA riding area, I don't see why we shouldn't go riding there if Roy lets us do it for free. I don't want Roy to get into any legal trouble but it appears that he is doing nothing wrong if he lets people ride for free. In addition I think he likes to have people around his place. I know I always enjoyed shooting the bull with him for a while before I went riding.

 

ATC83,

your question brings up a double edge sword.

First, if people continue to ride, it could very possibly hurt our chances of it ever becoming a GIA due to the Commissioner's perception of the off-roaders. By this, I mean all off-roaders. We get pooled into one group, good or bad. However, if we look at the positive side of this, it shows a massive demand for the need of this pit to be open to the public.

In the post when I quoted the rough cost at $250K, that includes everything from the landscaping, materials (fencing, posts, gates), bathroom facilities (rental fees if portable), heavy equipment costs, manual labor, disposal fees for garbage, and the lease for the property just to name a few items we would be looking at.

After thinking some of this through, What if we just did a lease through the Bauer family through a club, such as mine (it doesn't have to go this way), everybody who rides becomes a member, and we possibly avoid the legal BS that we have seen. It might be worth looking into.


Your thoughts?