You should know that there is a long standing statute which insulates
private land owners from any liability when the land is open to the public
for recreation (except when the landowner knows of a concealed hazard, and
fails to post a warning). Otherwise, there would be no hunting, let alone
hiking, on privately owned timberland, for example. Some birders think that
some landowners refuse access because they are afraid that a listed plant,
bird, or other animal will be discovered on their property and thus inhibit
development or use.


Roger M. Leed
Law Offices of R. M. Leed P.S.
1826 E. Hamlin St.
Seattle, WA 98112-2006
(206) 443-9911
fax: (206) 330-2131


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_____

From: Nina Beheim [mailto:neens at wavecable.com]
Sent: Wednesday, June 27, 2007 1:05 AM
To: Rolan Nelson; Kelly McAllister; tweeters
Subject: Re: [Tweeters] Reecer Creek Warning


Not to be a thorn, but I can see why someone would be upset over trespass.
We're so used to seeing some sort of signage, we often consider no signs to
mean accepted passage - ESPECIALLY when your intentions are purely innocent!
While it may be insignificant to most, the passage of strangers onto your
property can present a distinct liability for the property owner. Many
folks are concerned about lawsuits, and it's just good manners to ask
permission - sign or no sign.

As a kid , we constantly dealt with well meaning visitors who wanted to come
enjoy wildlife viewing on the ranch. It was very unnerving and tiresome to
come upon total strangers on your property. Unfortunately, in our glee to
experience nature, sometimes we do forget (having jumped a fence or two
myself)...

Give him time to cool down, and maybe present him with some photographs and
details of why it's such a wonderful spot - ask for certain days/times...My
grandpa allowed folks (finally) on his ranch when they did this - you might
find yourself right back on Reecer Creek enjoying birds! :O) I'll keep my
fingers crossed for ya!

neens
bremerton
neens at wavecable dot com


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