Mountain Side Ownership.

rock yuppie · Jan 11, 2012

Could the offroad community raise $200k and then donate the land to the state of Alabama with stipulations that it has to be kept open to the public for offloading? I think it would easier to raise the $ that way and it would be tax deductible for the donors.
[/quote]

As long as we did not end up with another Tellico closure situation. I don't trust government growing a park like I would a group of dedicated owners. We could easily have a 1000 ac park in time with all of the open land adjacent to the park. I just don't see the government going after that land for us. I sure don't see them getting excited about a group cutting new trails. I could be wrong though.[size=10pt][/size]

rock yuppie · Jan 11, 2012

Bronco Buster said:
Just a stupid? What about a rental agreement? If you rent a piece of property can you sue the owner of said property if you are injured on it? That may be a way to have guest and the owners (LLC) not be liable. I am no lawyer but it may be an idea.

The owner still has exposure even if he rents the land. The cost to defend themselves in court can be very expensive. It needs to be set up as equal owners with equal rights where you as an owner assume the liability of bring your friends in, not the rest of the owners. Keep in mind our goal is to provide the wheeling community with a life time wheeling experience without the worries of future closure. Those kind of guaranties don't come cheap, but they don't come often either. [size=10pt][size=10pt][/size][/size]

pachary · Jan 11, 2012

Bob,

I asked Bman on another board, but here goes.

There is talk of people letting in "trusted" or "reliable" freinds, and that the liability would be on the person inviting them. What keeps the "guest" from sueing the corporation? Owners can't sue an equal partner, but they are not a partner. I don't know if I trust all other 199 member's guests!

This may not be an issue, but it is something I would need clarified for sure.

Neal3000 · Jan 11, 2012

rock yuppie said:
Could the offroad community raise $200k and then donate the land to the state of Alabama with stipulations that it has to be kept open to the public for offloading? I think it would easier to raise the $ that way and it would be tax deductible for the donors.

As long as we did not end up with another Tellico closure situation. I don't trust government growing a park like I would a group of dedicated owners.

yeah, that worries me too......i can tell you that not 15 minutes away from your park there is a gov owned peice of property called sandrock or the cherokee rock village that has been open to the public for rock climbing, rappelling, and camping for at least 20 years. i've seen multiple people hauled away from that place in ambulances and i am sure there have been deaths there at some point at it's never been shut down. it might be possible to form a public land trust owned by a non-profit organization that would have similar immunities from lawsuits that government land seems to have

The-Boss · Jan 11, 2012

pachary said:
Bob,

I asked Bman on another board, but here goes.

There is talk of people letting in "trusted" or "reliable" freinds, and that the liability would be on the person inviting them. What keeps the "guest" from sueing the corporation? Owners can't sue an equal partner, but they are not a partner. I don't know if I trust all other 199 member's guests!

This may not be an issue, but it is something I would need clarified for sure.

This was one of my initial concerns also.

zukiscott · Jan 11, 2012

I am IN , I have been IN since the first 30 minutes of wheeling the property almost 3 years ago when it was still covered with trees and REV LIMITER was just a huge tree covered moss bank.

Yes I am IN.

Scott

Neal3000 · Jan 11, 2012

regarding the original plan, i believe the ONLY way to protect the owners from potential lawsuits from guests is to make them buy in in to the business in a lesser form. $50 worth per visit maybe? Setup the whole deal kind of like a publicly traded company with stock. say 200,000 shares. To be a full member with unlimited access will initially require buying 1000 shares. any visitor will have to buy a certain number of shares that they can accumulate until they reach 1000 and then they are a member after that. Once you sell all 200,000 shares then every so often you would do a buyback of a certain number of shares from each member to have some free to sell to visitors and people who wanted to buy in as a full member. the cost of becoming a member would gradually down over time as well.

rookiezuke · Jan 11, 2012

im in

cheroking · Jan 11, 2012

I would like to be put on the in List.

BradWester · Jan 11, 2012

Pm sent I'm in.

mrdrinksalil · Jan 11, 2012

I really wanna say I'm in, BUT the guest liability is what scares me. I don't see how guests couldn't sue the corporation. If a waiver doesn't work for the park now, how is it supposed to work with guests.

TOOTHLESSMOONSHINER · Jan 11, 2012

I know this my be a crazy question, but how does gray rock and other offroad parks in the state of AL get by with all the legal stuff?

SilverStarCustoms · Jan 11, 2012

I would be in also if it can be worked out.

trucker · Jan 11, 2012

I would have to read the legal stuff before I could say "I'm in". And even after reading it I probably wouldn't understand it, so I would need to take it to my lawyer to make damn sure I was covered in the event of a lawsuit. If you could supply us with that maybe more would b able to say We are in. The guests scare the hell outta me and most ppl. Also what would happen if the park got hit with a fine by the EPA. This is a great idea but there are so many "ifs" in the equation that for me personally I could not commit until these and other questions were addressed.. After saying all this if I can help u in any way please don't hesitate to ask.

patooyee · Jan 11, 2012

I'm no lawyer, but I would think that if an owner assumes all liability for a particular guest, that guest can sue the corporation as much as she wants but she will only ever get anything out of the owner that assumed the liability for the park. Basically, when signing a guest in you are saying that you will pay all legal expenses and judgements that may result from that guest.

J. J.

zukiscott · Jan 11, 2012

The thing about this whole "GUEST" deal is that just because you know somebody that has bought IN,does not mean that YOU are IN.

AW HELL YALL , "Julio done bought into the park so that means we GOT IT MADE YALL" ... WELL............HELL NO :gtfo:

be the SAME DAMN THING as when RBD was invite only..........

I used to have 67000000000000 sumbitches calling me and driving me batshit crazy for weeks before the ride talkin bout " YOU CAN GET US IN JULIO"...... :****:

still IN

Scott

zjtrey · Jan 11, 2012

love the idea and looking forward to seeing how it all unfolds legally.. if it all works out i and several folks i know would be in.. we gotta do something to keep our parks open and protect our sport

zukiscott · Jan 11, 2012

WELL SAID ZJ :dblthumb:

jwilson645 · Jan 11, 2012

Basically, this means, that for those of use who don't know any of you guys personally we're **** out of luck if we want to ride MSORP?

I don't know the extent of the insurance requirements or how much that'd cost but couldn't you increase entry or sell yearly memberships or something to get the cash flow to meet those requirements? I've read all of the threads on this but I don't remember the reasoning behind not trying something like this.

zukimaster · Jan 11, 2012

If i ever brought a friend or a guest with me and they got hurt and wanted to sue, I would crack em in the head so hard they would forget all about it :****: I beleive this will work fine if Bob dont pull his hair out first! the park could have a few big rides a year and that should bring enough money in to keep it up! Just look how many was a gray rock during fall for all at 35.00 a pop and RBD!