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Errant Cars, Fences, and the Like

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Aaron Ford

10-26-2006 14:57:44




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Alright. Some folks have been flaming the automobile driver here. And although I am sure one or two of y'all use horses, most drive cars. The same cars you claim that you should destroy for damaging fences, beans, hay and such.

Now, I may be the exception here, but my truck has left the paved surface on occasion. I had to swerve to miss a school bus that was in the wrong lane once. I was run clear off the road by a city police officer who was late getting back after lunch from seeing his girlfriend. My brother took out some fence after a local farmer turned directly in front of him. I am sure that the head on accident would have likely killed my brother, and done much worse to the aging farmer that had pulled out straight in front of him.

Now there are drunks, there are cellphone bandits, and there are elderly folk that really don't seem to care who or what they pull out in front of. Now, I am sure that this same thing has happened to you at some point.

How would you feel if your wife or child was killed in an accident that would have been minor except for some farmer had tried to protect his hay and installed steel beams?

I am certain that building fence is not fun. I recall no good memories about it 'cept for that HUGE copperhead we killed (local news called it a record). I am also certain that if the situation warrants, fences can be pulled back from the road.

If I am not mistaken, doesn't the state road own a certain amount of area on each side of the road? Is it legal to have a fence there? Beans? Is it legal to install intentional booby traps to hurt motorists?

Be sure that If I drove through your fence, none would be more agrieved than I. Now I have a car and a fence to fix. If I found that something was planted there to intentionally cause damage, I might knock on the front door with something other than my knuckles.

Now this is an antique tractor forum, populated by few very gen X-er's. Likely more baby boomers here than anyone else. If you are anything like my parents, most accidents happen in your rear view mirror while you happily motor away. Now, if the person you sent off the road per your avoidance happens to run through a fence, whose fault is this? The person that avoided hitting you and damaged his own car instead?

Now in my area we have abject poverty, alcoholism, and plenty of bars to serve ya til your horizontal, as long as you are paying. I ain't saying that it is the bar owners fault, but I am saying that I see enough of it around here. We also have the cellphone brandishing soccer moms driving the vehicle most of y'all would use for a fieldhand mantrip. These folks are involved in about 1/2 of all the accidents they cause. Other motorists that avoid these folks get the bill for the other half.

Now if I am not mistaken, things are the same all over. I've been all over, seen all over, and 'cept for the accent, folks are the same. I am relatively certain that if some fool ran through your beans, it likely hurt him more than you. If he ran through your fence, I know it hurt him more 'cause he has a hell of a bill to pay. I ain't saying you ain't got a gripe, but look at it from his perspective. If all things were equal, he'd probably rather not run through it either. He might have had a good reason to have done so. He might have barely missed head on-ing a car full of kids with the driver on the phone. Had he not done what he did, things might have turned out a lot different.

ATV's? Hate 'em. 'Less your a farmer or maintaining property, you should not have one. I don't have one, but everyone down at the local trailer park sure does. Use 'em for farming, too. Sure, whatever, 'less you call screaming up and down the road "farming". Our state leads the nation in ATV fatalities, wonder why?

I am not saying that you shouldn't be mad. Just find out the whole story. It might take the edge off a little bit.

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gary P

10-27-2006 16:24:54




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
very interesting. in indiana this is a major problem that heeps getting worst as kids turn 16 and the snow settles. i would just like to say that if you do damage to someones property dont run like a little ***** have the balls to go tell him what happened and offer to fix it i garuntee if your polite he wont be mad at you.



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Bob in WY

10-27-2006 08:52:15




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
Aaron, your post is interesting. The way I read your post is the only things you have ever done wrong were someone elses fault. Interesting.

Also your knuckle comment is interesting.



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dhermesc

10-27-2006 06:55:00




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
In my state the land owner owns to the center of the road and the county or state has a right of way. I pay property taxes on the land that all those drivers are on and I have to maintain the grader ditches without doing any improvements of my own. However if I drive my 4 wheeler on the road I can be ticketed for driving on my own property. Even had one SOB threaten to ticket ticket for using an ATV in the ditches on the side of the road.

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jdemaris

10-27-2006 06:19:23




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 Public highway law, fences, farms, etc. in reply to Aaron Ford, 10-26-2006 14:57:44  
In regard to public highways versus rights of private property owners. It varies from state to state and sometimes county to county. But . . . in the oldest and first settled parts of this country - many public highway laws first used here in the late 1700s - early 1800s are still on the books, still relevant, and still hold up in court. Many came from British law. Out west - where land is relatively "newly settled" things differ a little. For example - here in central New York (and much of the rest of the U.S.) - A "Public Highway" can only become so in certain ways. #1 Deeded Road - A government can - buy (or take) the land and actually own it - many large highways are created this way - as well as smaller housing developments. Such roads are often 50' wide thus having extra right-of-way on the sides. #2 Highway by Prescription - A government can assume a "right of way" after a road has been used by the public - often for a minimum of seven years AND the government has done some sort of maintenance. This is the way most roads were created in this country. The property owner still owns the property and pays taxes on it - the government and public only has a right to "drive over" the property. The government usually has NO implied right-of-way on the sides of the road - although they often act as if they do. The usual legal wording is - "the right-of-way only exists in the portion of land actually being driven on." But, the town, county, or state - often - continually kills trees and brush with grading, snow-plowing, mowing, etc. and tends to widen the roads more and more as time goes on. Technically - at first it's not legal - but over time - if unchallenged - it becomes legal. So - some of these roads can be more correctly called "roads by attrition." Of course - there are exceptions and variations - and other ways that public roads are created.
In regard to public roads and farming. Many of the older and still valid highway laws provide for farmers. One section in New York State Public Highway Law - states clearly - that if any government creates a road that cuts through farm land - and the land is used for animal grazing - then the government is repsonsible for building and maintaining fences along both sides of the road - if requested by the property owner. Now - trying to enforce it? - good luck! Most likely government officials will regard you as being nuts. Now - maybe I'm getting the wrong meaning from what you wrote. But - are you saying - that since I own a land with several miles of pubic road cutting through it - I am responsible for maintaining a safe "landing zone" for any idiot that drives off the road? One of my barns - built 1820 - is five feet from the driven-path of a town road. The barn was there before the road - and in the past 30 years - has been hit several times - in fact - one time a drunk drove clear through it. It's also been hit by snow-plow trucks. So - maybe this is my fault for having a barn where people like to land?

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jiskies2

10-26-2006 21:02:16




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
heck, fences; how about corners of buildings. some of the problem is, at least around here, is that the fences were there when the roads were just dirt roads... had more than 1 take out fences, corners of buildings, small fields. the structures stay there but the roads just seem to get faster and faster
jeff



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Leland

10-26-2006 19:57:51




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
I think you are blind and numb to the needs of others < do not farm anymore but I need a ATV to get around with due to disabiltys > Diabetes really plays he!! with your feet after about 25 years . So get off your soap box and quit preaching to the choir



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farmerboy

10-27-2006 06:09:20




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 Re: Errant Cars, Fences, and the Like in reply to Leland, 10-26-2006 19:57:51  
Preaching to the choir would mean he's saying what everyone here already thinks. Based on the responses, I don't think he's doing that. I do agree that the loss of a fence and loose cattle by using only T-posts and 8 inch wood posts is better than killing someone by making your fenceline look like Omaha beach. An upside down harrow 75 feet into a private drive is one thing, railroad rails as T-posts is another.

As to ATVs, They're like pickup trucks and 4WD SUVs - 85% of poeple who have 'em sure don't need 'em. You happen to be one who needs and ATV. The ones who don't need 'em just give everyone who does a bad name.

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Leland

10-27-2006 06:14:05




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 Re: Errant Cars, Fences, and the Like in reply to farmerboy, 10-27-2006 06:09:20  
We solved the fence problems by burying old t-poles or rr ties along fence line this really saved us a ot of repair work ,since they seemed to detur people from even trying to start with .



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jand38

10-26-2006 19:37:07




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
I agree with jddriver 100%. W also have let the lawyers get laws changed so they can sue us more ways than we will ever know . A tax payer should be able to protect his land. I believe most of these fence indence are caused by alcohol speed, and being young and stupid. No one wants to take responsibility for their actions some once else is at fault Today you can drive at a unsafe speed and hit a fence and make a lot of money this is wrong it should be you made a mistake all expense should be paid by you. I know a total new idea.

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massey333

10-27-2006 08:14:11




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 Re: Errant Cars, Fences, and the Like in reply to jand38, 10-26-2006 19:37:07  
I agree with you on the lawyers on the sueing part.However I believe it is against the law to build a Trap to harm someone.We had a mailbox destroyed a few years ago by a Neighbor boy(he made a honest mistake),totaly his truck.The family had every thing fixed within 4 Hours.Now if the Sheriff had been called He would have been Cited for Something and I would have been CITED ALSO for having a NON BREAKAWAY Mailbox.The Ins.Co.also though I should pay for his Truck.Our local sheriff has a campaign on to make Everyone have a BREAKAWAY or swingaway Mailbox so no one can get Hurt or do damages.

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Eric SEI

10-26-2006 19:32:51




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
On some of our roads the right-of-way is no wider than the actual pavement. Mail boxes, fence posts, trees, and utility poles are within 2 feet of the road in some places.

Until recently Southgate hill on Indiana SR 1 had a ditch on one side, no shoulder, 2 lanes, no shoulder, and a drop off to the Whitewater Valley (no guard rails) below with a hairpin turn at the bottom. Lots of chances for someone to kill themselves if they can't keep it on the road.

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Jeff Oliver

10-26-2006 18:47:55




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
I only have 5 acres out here right by the house but the road T's right in front of my field as you come up a hill. Been here about 11 years and have had about 5 people go through my fence one on a motorcycle. My dad said something about putting a barrier up but Maybe I am soft hearted but I would rather fix the fence than have someones injuries or death on my concience.

Luckily though we only had one person try to drive off and after a short chase he went out inot another field and got stuck. Wound up not only paying for the fence but his parents made him fix it. Others come out and fixed it or helped to and paid for materials.

I know a man who made a mailbox stand from a piece of 12 inch I beam in concrete to stop people from running over it. He stopped one and the deputy said although it was a good idea the man was lucky he didn't get sued. Not saying that is right but it is a fact.

Most people around here will own up to something simple like a fence,guess if it were different I might think differently.

Also I got run off the road one time into a man's soybean field. Called him and told him I would pay the damages and he said not to worry about it as in the 20+ years he had been farming that field and had this happen often I was the first person to call and offer to pay for damages. Kinda sad huh that people won't do that.

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John S-B

10-26-2006 18:32:29




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
I think the car drivers were getting flamed because they tear up the fences and don't say anything, just take off. I think people realize feces occur, they just want people to be accountable.



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Hurst

10-26-2006 16:33:09




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
On our farm, we live out on an unlined country road that runs straight through our farm at 3 turns. My Grandfather got tired of having people run through fences and leave, letting horses get loose, less than a mile from a rail road track and about 3 miles from an interstate. These are thoroughbred horses, some that today could be worth hundreds of thousands of dollars, the amount of money you can't afford to risk with if you are making at the least a 5-10% commission on a sale if you don't own the horse. Therefore, when the rail road came through and redid some of the rails, they gave us a few of the worn out rail sections and cut them into about 8-10 ft pieces according to the guy I work with who helped them do this and set them in the ground in a heck of a lot of concrete with only about 4 ft showing. Another thing is that the speed limit for 2 or the 3 corners is now 25, the other is not in a speed zone, so 55 legally. We still have people that run though fences, actually I have never seen anyone hit one of the rails, they are only there for direct hits to the fence from the corner, and most make is a little ways through the corner. Honestly, I would rather have my car in one of those rails than my head cut off by a fence plank coming through my windshield. Dad had a good friend that died when he went through a plank fence. I would not call these booby traps, but actually probably protection for both the driver and the owner. Also, a lot of the people that run through our fences run off, leaving a mess and no one aware of a huge hole in a fence. Always though, if the person is still there, our main concern is if they are alright. I agree, a fence can be fixed but a life cannot. At the same time, if what I am describing is what you call a booby trap, I would have to disagree, atleast in our case. They are there to do a lot more good than bad. A totaled car wrapped around one of these things is not likely to kill the driver. A car going 35 into the fence, which would be pretty darn fast, and hit one of these rails, would be totaled probably, but the driver would most likely come out without any serious injury, while at 35 through a plank fence could really mess a person up if something came through the windshield.
ATV's I hate them. I have ridden on one before on our farm, and they can be fun, but gosh they are so dangerous. I am still really young to most of you and would like to live quite a few years if at all possible, and I sure am not going to decrease my chance of living a long life by riding on one of those things. Just my view on these things

Hurst

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johndeere plowboy

10-26-2006 16:30:48




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
Well, a lot of those that ran thru our fences left, unless thier auto was torn up too bad. when they leave you have to eat the cost of repairs . I have had cars pulled and put into the wrecker drivers impound and not let them get thier car back until I was paid for my fence.Most times they just drive off and let my cattle get out . Our deed calls for our land to the center line of highway.



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jeremy in NE

10-26-2006 16:24:21




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
Well I cant say that I have had any of my fence taken out, but I have had a little to much anitfreese and taken out some neighbors. Its hard to tell them what you did but EVERYBODY needs to be held RESPONSIBLE for their actions. One time of putting wooden posts in frozen ground and you learn your lesson. Just be careful what you put in your fence line because theres alot of sue happy people looking for a quick buck even if they were in the wrong.

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KEH

10-26-2006 16:11:13




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  

In this state, the state has a right of way on which the landowner pays county taxes. I'm probably paying on 4-5 acres. Be that as it may, my fence is off the right of way and recently I had a van leave the road and take down a few posts. Since the van was inoperable, he had no choice but to stay and his insurance nicely paid me damages. Two winters later 3 cars hit an icy spot and got the fence. They had to stay and face the music too since they were across the ditch. Since I had already enjoyed as much as I wanted to repairing the fence I wasn't quite so generous with the Insurance company. I would rather the company had come and repaired the fence, but they preferred to pay me.

You said it all on ATVs. Nothing to add, except in this county some ATV trespassed on a high ranking county cops land and since then the cops have been very cooperative about ATV tresspass.

KEH

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jddriver

10-26-2006 16:03:32




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
Last time I checked I have a right to protect my property.I have had very few close calls with farmers driving slow or elderly,I have had 100's af suicidal yuppies(16-65) that cant wait to pass going up a hill or a blind corner to save 3 min.My question to you is do you mind if I drive thru your yard on a reular basis and ruin your investment or worse and not even bother to stop?I have spent over the years 1000's of dollars repairing fence from someone going to fast.Last year we lost 16 cattle to an accident on the interstate from someone doing doghnuts in the standing bean cropgetting there by driving thru the fence.cost to the ins so far is over 500 thousand and we will likely loose our coverage over this.I have kept quiet on this subject but you spouting off about knocking at my door with somthing more than your knuckles just set me off.I just got back from Another ins/attry meeting so I am alittle testy right now.If I offended you I apoligize.I am just tired of everybody else having more rights to my farm than I do Steve

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massey333

10-26-2006 16:57:08




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 Re: Errant Cars, Fences, and the Like in reply to jddriver, 10-26-2006 16:03:32  
Yes you have the right to protect your property,BUT you do not have the right to Built something to Hurt,Maim or Kill some other person.(inocent or Guilty).I own apox.10-11 mile of road frontage and have give up on the Fence Thing.The last time a man lost it on a curve(speed)coming out into the field Sideswiping the wagon I was unloading corn into and taking about 300FT. of fence out with him.He got away but the damage done to his Ranger and he Made me want to take the rest out because it was normal to lose that fence One to Three times a year anyway.The Sheriff told us if we tried to protect the fence we Would LIABLE for ANY Damages or Injurys caused.

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jddriver

10-26-2006 18:17:24




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 So we are just susposed in reply to massey333, 10-26-2006 16:57:08  
to lay down and let peaple use the fence for an obstacle course?!I would think that the peaple suing for protecting your property would have a STEEP uphill battle,especially since tort reform.



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Dan-IA

10-26-2006 15:47:13




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
Round here, adjoining property owner owns his half of the road. 1-4 farmers own the full mile, but the county runs a road grader anytime the guy that does it feels like chasin' that good-lookin' chick way out in the boonies. But if nobody lives on a mile and the farmers all want to take that road out... Unless it'd "landlock" somebody, the county won't complain much. Seen it done. Even farm one place where they "reclaimed" the ground as I mentioned above. Long before I started in, of course.

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nballen

10-26-2006 15:24:01




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 Re: Errant Cars, Fences, and the Like in reply to Aaron Ford, 10-26-2006 14:57:44  
Can't speak to all areas, but where I grew up, the state / county has a Right-of-Way for the road, and the "adjoining" property owner owns, and pays property taxes on, that piece of road.

Nathaniel



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Farmered

10-27-2006 03:52:55




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 Re: Errant Cars, Fences, and the Like in reply to nballen, 10-26-2006 15:24:01  
One of our guys was called out in inclement weather to pull a vehicle out of a muddy plowed field. The van full of kids had left I-25, crossed the ditch, the frontage road, another ditch and a woven wire fence. Mom said she couldn't understand what happened, she knew she wasn't speeding, she had the cruise control set for 65 and the limit is 75. It was raining and freezing on.



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