You might be on to a good idea there Dave.a new club,maybe the Northfield Sand Riders Association.it appears to me that there is enough interest in the place to have a huge number of members.several local people to make up president vice president and secretary would be ideal.

 

Hey Dave, could you point me to that document or E-Mail it over to me? I'd like to have a copy on hand since it may ease my parents' worries about riding out at their place.

 

not to change the subject,, but does anyone want to ride May 1 st ? Clark county WS

LOOK HERE

 

Thanks to LEP7MM, who pointed out this statute. This is a pretty important statute that everyone should know about. ATV-relevant parts are highlighted. Or, look at this link directly from the horse's mouth.

Minnesota Statutes 604A.20: Policy

It is the policy of this state, in furtherance of the
public health and welfare, to encourage and promote the use of
land owned by a municipal power agency and privately owned lands
and waters by the public for beneficial recreational purposes,
and the provisions of sections 604A.20 to 604A.27 are enacted to
that end.

604A.21 Recreational land use; definitions.

Subdivision 1. General. For the purposes of sections
604A.20 to 604A.27, the terms defined in this section have the
meanings given them, except where the context clearly indicates
otherwise.

Subd. 2. Charge. "Charge" means any admission price
asked or charged for services, entertainment, recreational use,
or other activity or the offering of products for sale to the
recreational user by a commercial for profit enterprise directly
related to the use of the land.

Subd. 2a. Dedicated. "Dedicated" means made
available by easement, license, permit, or other authorization.

Subd. 3. Land. "Land" means any of the following
which is privately owned or leased or in which a municipal power
agency has rights: land, easements, rights-of-way, roads,
water, watercourses, private ways and buildings, structures, and
other improvements to land, and machinery or equipment when
attached to land.

Subd. 4. Owner. "Owner" means the possessor of a fee
interest or a life estate, tenant, lessee, occupant, holder of a
utility easement, or person in control of the land.

Subd. 5. Recreational purpose. "Recreational purpose"
includes, but is not limited to, hunting; trapping; fishing;
swimming; boating; camping; picnicking; hiking; bicycling;
horseback riding; firewood gathering; pleasure driving,
including snowmobiling and the operation of any motorized
vehicle or conveyance upon a road or upon or across land in any
manner, including recreational trail use; nature study; water
skiing; winter sports; and viewing or enjoying historical,
archaeological, scenic, or scientific sites.

Subd. 6. Recreational trail use. "Recreational trail
use" means use on or about a trail, including but not limited
to, hunting, trapping, fishing, hiking, bicycling, skiing,
horseback riding, snowmobile riding, and motorized trail riding.

604A.22 Owner's duty of care or duty to give warnings.

Except as provided in section 604A.25, an owner who gives
written or oral permission for the use of the land for
recreational purposes without charge:

(1) owes no duty of care to render or maintain the land
safe for entry or use by other persons for recreational purpose;

(2) owes no duty to warn those persons of any dangerous
condition on the land, whether patent or latent;

(3) owes no duty of care toward those persons except to
refrain from willfully taking action to cause injury; and

(4) owes no duty to curtail use of the land during its use
for recreational purpose.

604A.23 Owner's liability.

An owner who gives written or oral permission for the use
of the land for recreational purposes without charge does not by
that action:

(1) extend any assurance that the land is safe for any
purpose;

(2) confer upon the person the legal status of an invitee
or licensee to whom a duty of care is owed; or

(3) assume responsibility for or incur liability for any
injury to the person or property caused by an act or omission of
the person.

There you go, guys. I'm not a lawyer, and I don't accept liability for the interpretation of this statute (ha ha), but you should be less afraid to let people ride on your own land now!

 

LEP7MM,
Thanks for posting the state statute. It really clears a lot of issues up. I think your idea about leasing the land from Roy is really good. It sounds like what you are proposing is similar to what the South Central Dirt Riders did with the SMC gravel pit. I have two questions; first, would you need to get a conditional use permit from the county in order to operate the riding area. I would think you wouldn't have to because the riding area is run as a non-profit. I believe when you lease property the individual leasing the land retains the same rights as the landowner does. My second question, which I think you have already answered by your last post, is would the club have to purchase liability insurance? Obviously a plan like this would have a lot of obstacles to overcome, the major one being if Roy would be willing to lease the land. I would think he would, because as it stands right now he is not making any money from ATV use in his pit and the prospects seem very slim that he is going to be able to open up his pit as a GIA riding area.

 

ATC83,

as for insurance, it would be required for a clubs members to ride if the club did lease the pit from Roy.

The lessee does have the same rights as the owner as far as land use. We would just need to insure ourselves as a club. That runs approximately $1000/year. For an example, let's say my club charges $30/year for a membership. We would need 304 members to cover the cost of just the insurance.

But now lets look at it this way. Let's say that Roy starts his own club. He draws funds into the club for riding in the pit, uses the funds to cover the insurance, and in turn, pays himself a lease, from the club, for the property. This may be going out on a limb, but I certainly wouldn't rule it out. He can set his own lease rate. He can set his own by-laws, such as members pay membership dues based on visits to the pit.

We might have to pursue this route.

Thanks for any other ideas.


Dave

 

I'll go the 1st, shoot me a mail will set it up....