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Tractor Talk Discussion Forum

Re: O.T. landowner/power lines/Atv's/fences

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Author  [Modern View]
NY 986

04-03-2013 14:44:48

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I am surprised with all the utility right-of-ways and all the ATV's that some ATV rider has not gone to court against a utility with some kind of injury suit. The utility company undoubtedly has deeper pockets than nearly all its neighbors along a right-of-way. Is it possible some kind of peer pressure is at work where the potential litigant's buddies know the utility has deep enough pockets to also put up restrictive fencing and other security measures if forced to and do not want their buddy to end the good times? New York needs to strengthen the land owner's rights but anything useful seems to be a low priority versus making sure pot smokers are not hassled over carrying a small amount of their precious commodity.

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04-03-2013 16:07:46

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 Re: O.T. landowner/power lines/Atv's/fences in reply to NY 986, 04-03-2013 14:44:48  
Quoting Removed, click Modern View to seeutillity companys have their own lawyers on staff to fight those lawsuits.

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Billy NY

04-03-2013 15:52:54

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 Re: O.T. landowner/power lines/Atv's/fences in reply to NY 986, 04-03-2013 14:44:48  
Power company sees it as if all of what they own is clearly posted and refers to NYS law on trespassing, always tells you to report trespassers to the police, which is likely to go nowhere unless you have them ID'd, or have something they can use to pursue it. I can't see how they could win, even if the signs were missing, power company will pursue prosecution anytime they can, and given the amount of land they have, its common knowledge that all of their lands are posted, just not patrolled and seldom enforced. A couple of guys ran their sleds into buried poles further down the line, wrecked one sled, somewhat serious injuries and they can sue for damages because of this, well maybe, but I think somehow it would get tossed, neither of them pursued it in this case.

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NY 986

04-03-2013 16:18:19

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 Re: O.T. landowner/power lines/Atv's/fences in reply to Billy NY, 04-03-2013 15:52:54  
Interesting. I don't know if a utility has special protection under the law. I've heard of injury suits where the injury happened on municipal property. I just don't see the sledders in question just walking away from suing the utility. Either the utility has special immunity or the case was settled out of court complete with a gag order. As indicated on here in the past I have had fairly good luck getting law enforcement help me on trespass issues but I have been fortunate to never have a chronic problem with ATV's. I would not want to test the local sheriff in terms of being out to the farm on a weekly basis. They also make it known there is some burden on the land owner to have sufficient posted signs, gates, etc. in place. ACG's suggestion to have barb wire on top of the fence seems problematic to me.

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Billy NY

04-03-2013 16:53:44

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 Re: O.T. landowner/power lines/Atv's/fences in reply to NY 986, 04-03-2013 16:18:19  
You make a good point with law enforcement, I have called them on occasion, usually ending with telling them I am alerting them to illegal activity, especially when 30+ atv's spill onto the state road for 1/4 mile, on the sidewalk.

Unless you file an official complaint or what have you, they don't acknowledge anything else, but if someone was doing something more serious, would they ignore that too ?

I always tell them that I understand the low priority of these matters, and would not be the person calling everyday, they actually are pestered with this so much already, I had one trooper tell me that, at least he was friendly enough to have an off the record conversation, and was actually very helpful, but that was years back when my friend was in the spotlight, over the burnt barn retaliation by poachers he had prosecuted, we need more people like that in uniform. At that time, he said they get 10 calls a night on ATV's and wished they were outlawed. I would never call repeatedly, you have to use some discretion on that or you'll never get any action, I can understand the frustration on their side, its smart to be humble about it, and I've yet to ever have one person prosecuted, that might change as of late though.

I don't believe either of those injured on sleds were compensated, I might be able to find out if it was pursued, knew one of their friends and rider in that group that night. Power company had line crews out erecting new poles and lines, these idiots were going too fast in an area where they were working and staging materials, completely illegal and foolish, poles were under snow, but the drill rigs were not.

I had a head on collision with 2 teens on a dirtbike when I was a senior in HS, unregistered, unlicensed, uninsured, no lights, both were lucky to live, it was in top gear as I checked it out, and they were going so fast, when they hit my car a big ole GM impala, one flew 60 feet past the car, the other smack into telephone pole about 10 feet up, lost some toes, leg was up around his head, he was conscious and an awful mess, I had thought the other was deceased. Not sure where they collected from, but I graduated with $3.5 million dollar lawsuit, threat of garnished wages for life and all the rest, you ought to see the house he lives in.

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