Miami Valley RailTrails Newsletter August 2003

Dear Miami Valley RailTrails List Readers - 20 August 2003. It's those "dog days of August." You know the ones where it's very hot, very wet and very muggy. We need to cycle in the mornings but things are changing in the Miami Valley. Read on to find out.

New on Miami Valley RailTrails site.
First I'm going to tell you about what is new on the Miami Valley RailTrails site.

New Trail Construction - Here I get to tell you about what trails are being built for your cycling (walking, running and rollerblading pleasure).

Immunity from liability for an owner, lessee, or occupant of premises with regard to a user of a recreational trail

The bill provides that an owner, lessee, or occupant of premises does not owe any duty to a user of a recreational trail to keep the premises safe for entry or use by a user of a recreational trail. An owner, lessee, or occupant of premise does not assume, has no responsibility for, does not incur liability for, and is not liable for any injury to person or property caused by any act of a user of a recreational trail. (R.C. 1519.07(B)(1) and (2).)

For the purposes of the above provision (R.C. 1519.07(A)):

(1) "Premises" is defined as a parcel of land together with any waters, buildings, or structures on it that is privately owned and that is directly adjacent to a recreational trail.

(2) "Recreational trail" is defined as a public trail that is used for hiking, bicycling, horseback riding, ski touring, canoeing, or other nonmotorized forms of recreational travel and that interconnects state parks, forests, wildlife areas, nature preserves, scenic rivers, or other places of scenic or historic interest.

(3) "User of a recreational trail" is defined as a person who, in the course of using a recreational trail, enters on premises without first obtaining express permission to be there from the owner, lessee, or occupant of the premises.

The bill also modifies the definitions of "premises" and "recreational user" in R.C. 1533.18 that apply to the existing exceptions from liability of an owner, lessee, or occupant of premises to a recreational user. Under the bill, "premises" includes all privately owned lands leased to a private person, firm, or organization, including any buildings and structures thereon, and "recreational user" includes a person to whom permission has been granted, without the payment of a fee or consideration to the owner, lessee, or occupant of premises, other than a fee or consideration paid to the state or any agency of the state, or a lease payment paid to the owner of privately owned lands, to enter upon premises to hunt, fish, trap, camp, hike, swim, operate a snowmobile or all-purpose vehicle, or engage in other recreational pursuits. (R.C. 1533.18(A) and (B).)

To see the entire Senate Bill 80

Dear Representative (Put Their Name Here)

I found your name and email address from the "Search for your Representative" webpage. I am one of your constituents. I have read Senate Bill 80 (Sub S..B No. 80) as it pertains to the builders and maintainers of bicycle trails in Ohio. I am in favor of the bill since it limits the liability of the builders and maintainers of the trail. This limitation in liability will allow those organizations to concentrate funding to building and maintaining multi use trails in Ohio since it will lessen the liability insurance they will have to maintain. I recommend to you that a vote for this bill would be good for Ohio and I support your vote of "Aye".

Very Respectfully,
Your Name
Your Postal Address

That's it for August 2003. Construction is continuing on trails. If you find out something about trail construction don't keep it to yourself. Tell me and then I'll tell all my readers. Keep in touch to learn more about our continually expanding trail system.

This is the last time I'll repeat this. PLEASE READ IT! I noticed on the MSN web page that I use to mail these emails to you that a lot of you are not having your emails from me delivered to your home mailbox. The way that works is you have to go to the website to see if I have sent out a monthly newsletter. It might be easier for you if you go up to the website and change your preferences to having these emails delivered directly to your home mailbox. That way you don’t have to look for these emails; they are sent direct to whatever email address you specify. I can't do this for your account. You have to change your pretences to "Deliver to my mailbox."

If you find these newsletters and my Miami Valley RailTrails website of use to you, pass the information on to your friends and neighbors who might enjoy our wonderful system of multi-use trails in Southwest Ohio. They are wonderful for walking, running, bladeing, birding and cycling. You see more wildlife from one of our trails.
All of my newsletters are posted to my website at the same time I send you this text version. The URL for your use is: http://www.miamivalleytrails.org/join_our_mailing_list.htm