David Carmean writes: > On a semi-related note, once again today I found myself down a > trail which was open and unsigned at one end, but a dead-end at the > other, requiring me to scale a fence to get back onto the street. > I'm not sure how to tag these, as they may have some value for an > out-and-back spur ride, but the access permissions are unclear to > me.
We've got a similar situation in New York. There's a towpath bike trail (not on the map below ... must fix) which goes out to Dunham Basin and dead-ends because there's no bridge. http://www.openstreetmap.org/?lat=43.2908&lon=-73.5568&zoom=14&layers=B000FTF I'll just tag it as a way that follows the path and then stops. Maybe that's right for you, too? > In California, if there isn't a gate or a sign leading from public > property, is the default to assume that access is permitted until > the owner asks you to leave? Oy vey! You're asking a question about the law, of people who may or may not be lawyers, but probably aren't lawyers. Even if you got an answer from a lawyer, it wouldn't constitute legal advice and would be useless in court. On the other hand, if you did go to a lawyer and got a legal opinion about the exact situation, maybe specifying details like "A way or path or road or track or other route which the general public expects to be able to use", THEN if you got sued, you could whip out the legal opinion and present it to the judge. The judge would then have a hard time charging you with any penalty because you were obviously trying to do the right thing. On the other hand (can you tell that I'm an economist?) it may simply be cheaper to pay the fine for trespassing, if that's what it turns out to be. Legal opinions aren't cheap. My secret plan for avoiding a trespassing charge is to offer to the landowner to pick up any trash along his property line. Never had to use it yes (crosses fingers). -- --my blog is at http://blog.russnelson.com | Delegislation is a slippery Crynwr sells support for free software | PGPok | slope to prosperity. 521 Pleasant Valley Rd. | +1 315-323-1241 | Fewer laws, more freedom. Potsdam, NY 13676-3213 | Sheepdog | (Not a GOP supporter). _______________________________________________ Talk-us mailing list [email protected] http://lists.openstreetmap.org/listinfo/talk-us
