Author Topic: Band M Ledge  (Read 15475 times)

DLottmann

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Re: Band M Ledge
« Reply #135 on: April 30, 2014, 10:09:01 PM »
...however, closing access to Albany Slabs makes no sense to me.

I wouldn't even bring Albany slabs up just because Strandman heard from someone something... not to discredit Strand but talking about something that may not be an issue just might make it an issue ya know? It might help to bring some info on the state legal protection for land owners who allow recreationalists access to their property... probably won't though. I really think someone will have to talk to Colemans lawyers, and that sounds like the Access Fund to me... but maybe it can be handled mano e mano. Good luck.

Offline joev9

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Re: Band M Ledge
« Reply #136 on: April 25, 2017, 02:30:44 PM »
Been a long time since anything was posted here, is Band M still closed?  Has the Access Fund talked to the property owner?

Offline krankonthis

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Re: Band M Ledge
« Reply #137 on: April 25, 2017, 03:49:42 PM »
Still closed and yes the owner is being approached again.
Sam

Offline Bill

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Re: Band M Ledge
« Reply #138 on: April 25, 2017, 10:22:33 PM »
I would hope and assume that Tim Kemple Sr. or an attorney well versed in landowner liability associated with recreational use by the public is involved in dialogue with the landowner.  This since Tim was instrumental in getting NH HB 1551 enacted.  Personally I think it was unnecessary since R.S.A. 508:14 was joyfully concise and thus widely encompassing regarding the limitation of liability on landowners who permitted recreational use of their property.  Unfortunately the waters were a bit muddied by the possibility of someone broadly and inappropriately interpreting  R.S.A. 212:34  which is probably why Tim made the effort to get HB 1551 enacted.

My extremely humble opinion is that the landowner is getting less than optimal counsel from their lawyer or insurance company who has advocated restricting use of the property.  Not sure  what actions the landowner had taken to restrict climbing on the property since I have not been on the property in a number of years.  I believe that by either posting the property in some manner of directly communicating a restriction they are opening themselves up to significant liability in the event of an injury related to rock climbing on their property.   Such a restriction is to me is a per se acknowledgement of a hazard on their property and an acceptance of responsibility for it.  If an injury were to occur and the landowner was found not to have adequately posted the property and not adequately enforced the restriction they could very likely be held liable for any injuries incurred on their property.

To me it is clear the landowner is in a much safer position to allow recreational use of their property as opposed to attempting to restrict it.  I would hope that this clear message is being presented to them.  Actually thinking about it, I as a climber may be in a more advantageous legal liability position if I were to be hurt climbing at B and M now then before whatever restrictions have been put into place by the landowner.

Offline krankonthis

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Re: Band M Ledge
« Reply #139 on: April 26, 2017, 09:14:54 AM »
The way it was communicated to me is not climbing that he has a problem with, its access through his quarry.  There was some theft and He needs to keep the public out to appease his insurance agency. 

sam

Offline NEAlpineStart

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Re: Band M Ledge
« Reply #140 on: April 26, 2017, 10:39:56 AM »
It seems the quarry could be completely avoided via Fall Ln off of Rt 16.

http://caltopo.com/p/1D7E

*Not advocating climbing here until landowner removes restrictions but perhaps offering an access point that avoids the quarry itself may help.

Offline krankonthis

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Re: Band M Ledge
« Reply #141 on: April 26, 2017, 11:14:08 AM »
That's what we are working on, Half of the cliff is still on Colman's land.
Sam

Offline Admin Al

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Re: Band M Ledge
« Reply #142 on: April 27, 2017, 08:51:17 PM »
That's what we are working on, Half of the cliff is still on Colman's land.
Sam

that's good news. if I can help in any way please let me know. I'd hate to loose that cliff altogether.
Al Hospers
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