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Uncle's Around The Bend 2016: Ride Report Stories, Photos and More

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ed29 said:
One more thing Infidel. There was more than one "incident" during the ride this spring. The one I refer to was a group leaving the public county road and tearing up a hill on private land.

The one in the article you are quoting in post number 106 refers to a missed turn on a private road where riders went up a driveway that they had no business being on. That road was declared private along with the rest of the 1,500 miles of private roads on the ranch by verdict in a lawsuit a couple of years back. That road is not in any state road guide. It is not in the Uncles ride guide. It is not on the county maps. Private road means just that... private. The landowner whose property it traverses owns the road.
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Unless they was a sign or they crossed a fence they werent trespassing with criminal intent...mistakes dont make it when it comes to prosecuting trespassing...look at the statute...

"Under Texas Penal Code § 30.05 (see below), the definition of criminal trespass is more complex than the simple notion of being on someone else’s land.

One way to commit the offense is to enter upon another’s property even though one has notice that the entry is forbidden. Another way is to remain on another’s property, refusing to leave after receiving notice to depart.

Notice can be given in any one of five forms. First, it can be an oral or written communication by the owner or someone acting for the owner. Second, it can be a fence or other enclosure obviously designed to exclude intruders or to contain livestock. Third, notice can be in the form of sign(s) posted on the property or at the entrance to the building, reasonably likely to be noticed, indicating that entry is forbidden. Fourth, notice can be in the form of readily visible purple paint marks of proper size and placement on trees or posts spaced no more than 100 feet apart on forest land or 1,000 feet apart on non-forest land. Fifth, notice can be the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.

I understand your point...but im not going to accept your ignorant simplification of this legal issue. Lets be clear...nobody, no motorcycle riders are being hauled into court over trespassing in Brewster county...Unless they were intentionally breaking the law, cutting fences, refusing to leave after notification, etc...

Most of the non fenced area around Big Bend could never make a real trespassing claim unless they meet the other criteria such as having a sign every 1000 feet....and they dont...

The case you sight where a road was ruled as private in a lawsuit means nothing to an innocent trespasser unlesss the criteria were met giving proper notification...do you understand that? or is it that you just dont accept it...landowners in Brewster county have no more rights against trespassers that an apartment in Houston. State law is state law...and when its way out in the back country, void of fences and signage then mistakes and yes even intential intrusions will be made...but the law is clear...

You and several others have twisted my words and used them out of my intended context...I agree that no biker or anyone else should ever intrude or damage any property belonging to another..anywhere...but under the circumstances...if the land owners of the clay badlands behind the store in terlingua dont want any intruding on their property then they need to get busy with fencing and or signs...and quite whining about it...and acting holier than those landless peasants from the city...
 
Shadman said:
I received a letter from a landowner after last year's rally. They were talking about you, not specifically you, but generally what they lumped together as "your type". It is not hard to understand that in Texas, unless you are in a state or national park or on a public road, then you should most definitely assume you are on private property. Unless of course there is just un-owned land laying around for the taking. Whether you have a grasp of that concept or not does not matter. You are not a guest, or uninformed, or just making assumptions, you are definitely trespassing.

Also, beauty is in the eye of the beholder. If you make a scar across someone's pristine desert (aka wasteland to use your words) it may just look like the typical offroad roost trail you make all across Colorado and New Mexico and the other more more amazing areas you choose to ride. But to the property owner whose pristine view you put that ugly scar across, it is a point of contention that burns in their memory, year after year, of how careless, selfish, and blind motorcyclists can be to the rest of the general population's wishes. That's when they start writing letters and YOU start making our sport and passion more difficult to enjoy. They are not whining. They have legal rights. You are whining because you don't accept the concept of property rights and how they actually do limit your actions. As an example, just because you don't have a "Don't Pinch Me" sign across your forehead doesn't mean I can pinch you and you can't whine about it.

In short, if anyone on this forum is of the opinion that these landowners are "butthurt", "haters of humanity", "whiners", etc... please do not ride with us next year. And for our continued enjoyment of Big Bend and its magnificence, consider not riding there at all. I can't tell you not to go on your own, cause I have no right to tell you that, but with the attitude portrayed in these posts, I have a hunch it eventually it will catch up to you (or us).

I'm not some pansy tree hugging conservationalist pot smoking idealist in a prius. I'm just a guy who sees respect is due and if it isn't shown, the writing is on the wall. My wife drives the prius.
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I figured you had a prius..somewhere...I have a 4x4 Suburban that I took out on the roads of Big Bend...and had a blast...didnt seem to produce any significant damage, didnt trespass, just had a blast...and rode my Dualsport with your group the day before...again had a blast...didnt break any laws, rules, ordinances or doctrines...now dont you feel better...and yes I will be out there again..and I dont need the company of Prius owners like you...I have ridden many times with many groups and dont need your lame attempt at a lecture...TWT is a big group...ive met many a fine person here and developed some excellent friendships but ive also noticed at some events a level of "bike snobbery" that is hilarious to me...some people just have a need to belong to something...anything...A bike club or a Prius owners club...so step off...
 
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