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riding on gas pipeline
Amy, is it a public agency which owns the land through which the pipeline
passes? or is it a utility easement? Does New Jersey have a civil code
that exempts private property owners from liability when they allow
recreationalists to pass through their property while recreating?
(Calif. has such a civil code; it's CC No. 846, it has been successfully
defended for over 20 years, and according to case history it even extends
exemption to leaseholders or renters). Does New Jersey have a
government code exempting public agencies from liability when they allow
recreationalists to pass through their property while recreating?
(Calif. has such codes; it's GC No. 831.4 et al.) These codes don't
prevent suits from being filed but they keep the plaintiff from
collecting. In fact, Calif. recently passed the "Rice Bill" which,
according to my sources, allows the winning defendant to sue for costs.
Yes, people are uptight about liability lawsuits; we are a litigious
society. That's why 42 states in the Union have passed some form of
Equine Limited Liability law. California is one of the few remaining
that don't have one, but another attempt is in the works -- AB 2446 --
due to be heard by the Calif. Assembly Judiciary committee later this
month (March). Calif. equestrians, send those letters to Assemblywoman
Martha Escutia, chair of that committee, State Capitol, Room 3146,
Sacramento CA 95814! and Assemblyman Bill Morrow, sponsor of that
bill, same address but Room 5164..
To answer your original query, no, you are *not* being stupid. I
advise you check to see who owns the land, who has the easement, and your
local codes. Do you belong to a local riding club that can help you
out with this? If there's no riding club, would you be willing to form
one to deal with political issues? Does your county have a Parks
Department that could help you with this information and could help you
deal with the affected property owners and lessees? Does your county
have a board of supervisors (or whatever your local term is) to which you
could turn? Good luck in this, and don't give up! (;-), Connie B.
(AERC Trails Chmn. , Calif.)
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