[Talk-us] Tagging and Rendering Cycle Ways

Russ Nelson nelson at crynwr.com
Sat Nov 29 03:25:24 GMT 2008


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.
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Potsdam, NY 13676-3213  |     Sheepdog          | (Not a GOP supporter).




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