Exercising Land Rights vs Snowmobiling Accident

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   / Exercising Land Rights vs Snowmobiling Accident #41  
<font color=blue>a case that's taught in law school on this</font color=blue>

Yep, Hayden, and if I remember right, that was an Illinois case and the "victim" (burglar) survived but will be in a wheelchair the rest of his life. If he'd been killed outright, the award in the civil lawsuit would have been either much less or non-existent.
 
   / Exercising Land Rights vs Snowmobiling Accident #42  
It is a shame when someone loses a life. It is also to bad that so many people do not respect other peoples rights to there own property. As a member of a snowmobile club and officer of the organization we go to great lengths to help the land owners so that it will be good for everyone. Through out the year we get complaints about the wheelers riding across crops, during the winter it's people lost, or just taking the liberty to drive around peoples houses and property where they do not belong. I believe that there are a lot of people that throw away there repect for other people when they put on the helmets and clothing and go out for a good time at others expence without thought of the end result. It is a shame that these people continue to act irrespondsible and take advantage of peoples genorosity to allow the use of there land and than to show the lack of repect to them. Everyone needs to ask permission to be on someone elses land. This should be taught at home, we often find it is the kids that are acting in this way and unfortunatly many of the parents protect there children saying they have a right to be there. It might just be that they expected to have the right to be there! There own stupidity might have killed that boy!
 
   / Exercising Land Rights vs Snowmobiling Accident #43  
This is what I had in mind when I was talking about booby traps. I don't see anything wrong with this but I know there are those that believe that personal property rights mean nothing. And of course everyone but the person that wasn't supposed to be there in the first place is at fault.
 
   / Exercising Land Rights vs Snowmobiling Accident #44  
I know this strays from the thread a bit, but thought it might be nice to interject a lighter note.

When I first moved out here, I read or heard a story of 10 or so snowmobilers who all ended up in the lake. I think they were all fine, if somewhat chilled and minus their snowmobiles.

The amusing part was when they interviewed these guys on TV later. The first one said "Well, my buddy went down this hill and didn't come back, so I went looking for him."

The second one said "Well, my two buddies went down this hill and didn't come back, so I went looking for them."

I think you see where this is going!

Yep, right on up to the 10th, guy who said, "Well, all my buddies went down this hill..., etc."

I shook my head and thought, wow, we grow them smart around here don't we? /w3tcompact/icons/eyes.gif
 
   / Exercising Land Rights vs Snowmobiling Accident #45  
"there are those that believe that personal property rights mean nothing."

No, it is just that some people place a higher value on human life. Even bad people can change and we are not to judge the value of a life. What is with some people and "their property" anyway that they just freak out over such things. This is not the wild west anymore, civilized peoples do not string traps or shoot at kids or such or lynch people, I don't think we would be good neighbors-- /w3tcompact/icons/sad.gif .
A deliberate trap is one thing, hazardous things on your property are another, how do you know if that stump is a hazard? It is kind of like people falling on your drive cause you did not scrap the snow and they sue you. It happens, rarely, I think it is not negligence in that case but I saw a recent case on Fox--very intersting. A lady walking on a city sidewalk tripped and fell in a hole. Her bills added up to 8,000 dollars. She called the city and asked to split the bill (by the way--the sidewalks were in fact in horrible condition)--they said-no--sue us. So she did and won--100,000 dollars. She said she never wanted anyhting but for them to split the bill--4,000 dollars. Course now the lawyers are involved and all that and the city is declaring bank default.
You cannot remove all hazards, it is your property and if posted that should protect you from a frivoulous lawsuits. The setting of traps though you guys are on your own. Out of here on this thread. Time to work the 'bota some moving dirt against new shop. J
 
   / Exercising Land Rights vs Snowmobiling Accident #46  
I have to disagree with the post about outlawing snowmobiles. The world is full of non-snowmobiling jerks. And I agree that they exist among snowmobilers but I doubt they outnumber the rest of society. We live in a noisy world. I don't like it when I'm out on my deck enjoying a peaceful summer evening when a dozen Harley riders with no mufflers ride by at 70 mph. When a snowmobile goes by it's usually a time when I'm inside. I don't spend a lot of time on the deck at below freezing temps. The neighbor starts his chainsaw at times when I would like a nap. I may not like it but its just part of living around other people. Outlawing snowmobiles when the vast majority don't cause a problem is not the answer. I don't like noisy Harley Davidsons especially when a Honda GoldWing goes by and you can hardly hear it. But I trust no one is out there pushing to outlaw motorcycles.
 
   / Exercising Land Rights vs Snowmobiling Accident #47  
TresCrows-

<font color=blue>Even bad people can change and we are not to judge the value of a life.</font color=blue>

That's a very nice opinion, and you may believe you are taking the proverbial "moral high ground," but suffice to say the law (in Texas that is) does not agree with your pacifist belief. And I quote.....

<font color=green>§ 9.42. Deadly Force to Protect Property
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.</font color=green>


So, again, opinion flies in the face of fact, and law. You may not like the law, you may even disagree with it, that's fine, but the law states that you, in Texas at least, do indeed have “the right” to make judgement regarding the use of lethal force in protection of property.

Is Texas the "Wild West?" If we are using your standards for "civilization," perhaps. So be it - I'd rather live in a state that puts VICTIMS RIGHTS at a higher priority than a criminal's "RIGHTS." ‘Course just because the law says you can use such force, it doesn’t mean that you must. If you choose not to - hey, that’s fine too - but don’t espouse a bunch of nonsense about nobody having the “right.”

Oh, as far as "bad people changing" -- you obviously have not dealt much with the criminal element. While just about anything is possible, the recidivism rate is very high - e.g. most "bad people" don't change their ways.

<font color=blue> saw a recent case on Fox</font color=blue>

Oh boy... If it was on TV it MUST true and the whole story must have been presented.../w3tcompact/icons/eyes.gif

<font color=blue>So she did and won--100,000 dollars. She said she never wanted anything but for them to split the bill--4,000 dollars.</font color=blue>

/w3tcompact/icons/hmm.gif Hmmmmm... so if she ONLY wanted $4,000, why did she sue for $100,000??? Why didn't she sue for $4,000 + lawyer fees??? Yea, she sounds credible to me. /w3tcompact/icons/eyes.gif Don't know anything about the case, but it sure smells like a case "lawsuit lottery" to me. I mean, her lawsuit is in direct opposition to her statement.

<font color=blue>The setting of traps though you guys are on your own.</font color=blue>

Never saw anyone above encourage setting of any type of lethal trap. Saw some comments to the effect of saying that they didn't have a big problem with it and some don't have much sympathy for folks breaking the law who get hurt while doing it - but never saw anybody advocating stringing razor wire in camouflage in order to maliciously hurt/kill anyone.

I find it pretty interesting how you use religion as well. Sorry, I don't think you are the orifice for "The Almighty," so I'll pretty much ignore your "religiously inspired" judgement on everyone who believes differently than you.

Wroughtn Harv -
<font color=blue>It is so easy to make it a black and white situation. Bad kid willingly tresspasses and gets what he deserved. But he sounds like one of us that wasn't lucky. </font color=blue>

Maybe - Maybe not...

(a) We don’t know if he was trespassing or not for sure (although it sure is starting to smell that way) - I’m not a trespasser, are you? Nope, he may (or may not) be anything like me.
(b) A “blurp” in a newspaper from associates hardly makes this kid a saint. Those are very nice words from the school administrator & employers. Did you expect differently? How often do people speak badly about the dead? Funny about how only the “good” things are spoken about the deceased, even if they were rotten to the core. It’s interesting how death colors one’s opinion. You also left out the other part of the article that said, <font color=red>”Ernest knew the area and led the pair of snowmobiles toward the cable in an apparent effort to go around it.”</font color=red> Hmmmm. Maybe it was a “one time lapse in judgement,” maybe this kid wasn’t as good a kid as you seem to imply.

I agree that it is probably not a “black and white” situation - but I haven’t seen that opinion coming from those advocating property rights - quite the opposite. I also find it interesting how everyone seems to be jumping on the “poor innocent kid, tragic event” bandwagon when they know virtually nothing about the incident and nothing at all about the kid involved. Depends on what one classifies as a “tragedy” I suppose. Kindof like the word "hero" - you do the slightest thing, you're classified as a "hero." I think it belittles those who are genuine heros. Kidof like that pilot a few years back who got shot down in Bosnia. Hmm, all he managed to do was get shot down and evade capture until picked up - and then later filed a lawsuit aginst the folks who made the film "Behind Enemy Lines" because he said it was based on him and he deserved a portion of the money. Yea, a "real" hero indeed..../w3tcompact/icons/eyes.gif

Maybe this kid was a great person and “salt of the earth” - but, maybe, just maybe he wasn’t. Yes, the “rush to judgement” continues I’m afraid (along with the advocating of how “everyone’s a victim” and people should not be held responsible for their actions).
 
   / Exercising Land Rights vs Snowmobiling Accident #48  
Can we have some of the Texan officials come to NY and implement those laws PLEASE. We will give them back we they are done. Take care and have a great New Years.
 
   / Exercising Land Rights vs Snowmobiling Accident #49  
/w3tcompact/icons/laugh.gif/w3tcompact/icons/laugh.gif/w3tcompact/icons/laugh.gif Ha! We sent one of them to Washington D.C. - not real sure when he'll be back. (He was Governor and signed the stiffer penalties in to law for poaching.) I kindof like our current folks so I'm not sure I want to loan any out just yet - but if someone comes available, I'll let ya know. /w3tcompact/icons/wink.gif
 
   / Exercising Land Rights vs Snowmobiling Accident #50  
Yep, Ranchman, we're still allowed to use deadly force to protect our property to some extent, but we had even fewer restrictions prior to January, 1974./w3tcompact/icons/wink.gif
 
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