Cherokee Johnny
Rockmart, GA.
Hey I know... lets have one more "last ride" at Mountainside. Would be nice huh...
-
Help Support Hardline Crawlers :
johnny77cj
----LIFES TUFF----
yeah whts the news like to go back for my second time and hit it some more 
zukiscott
"MOST WILDEST"
WHATS UP Johnny 
WELCOME to HARDLINE man
WELCOME to HARDLINE man
R
rock yuppie
Guest
[size=10pt][size=10pt]no updates. can't seem to get past the friends / no friends issue[/size][/size]. 
yamahablue
New Member
- Joined
- Jan 9, 2012
- Messages
- 1
count me.in for a membership
showtime33
It's Hell "Without Jesus"
- Joined
- Feb 18, 2009
- Messages
- 277
Any updates
zukiscott
"MOST WILDEST"
So sad that a BADDASS place to whell has came down to this yall :****:
TacomaJD
I LIKE CHEAP STUFF.....
zukiscott said:
Me too bro...all the damn local places around here are going to ****. I heard Hale Mtn is closed to the public now, is that true? Of course everyone is aware of the bullshit at Aetna....MSORP is gone for now....and I just ain't a big fan of Choccolocco. Morris Mtn seemed like a badass place when we were down there, but it's so far away, hard to make trips down there very often. Hell I've bout thought about just sayin fuk it and selling my rig and getting something more streetable. **** just plum breaks my heart...dammit.
uke:TacomaJD said:Me too bro...all the damn local places around here are going to ****. I heard Hale Mtn is closed to the public now, is that true? Of course everyone is aware of the bullshit at Aetna....MSORP is gone for now....and I just ain't a big fan of Choccolocco. Morris Mtn seemed like a badass place when we were down there, but it's so far away, hard to make trips down there very often. Hell I've bout thought about just sayin fuk it and selling my rig and getting something more streetable. **** just plum breaks my heart...dammit.
Hale is not closed. It is open for scheduled rides and rentals.
TacomaJD
I LIKE CHEAP STUFF.....
Awesome, I still have yet to ride there...so hopefully I'll be able to make it over there for some wheeling soon. Gotta fix my 3 wheel drive problem first :****:
Neal3000
Well-Known Member
rock yuppie said:[size=10pt][size=10pt]no updates. can't seem to get past the friends / no friends issue[/size][/size].
Bob, are you wanting to get rid of the property period or do you just not want to be liable for what happens there?
Neal3000
Well-Known Member
some food for thought, this is a email i got from the SFWDA
"My name is Flint Holbrook and I am the Director of Land Use and Conservation for SFWDA. Roger forwarded your message to me and David Borum our Director of Legislative Affairs.
SFWDA’s mission and focus has been and continues to be on public lands and public access for wheeling full sized vehicles. Our efforts are focused on government owned and supported lands and not on private for profit activities. It is not that we don’t support these activities, because we do, our mission is to use our limited resources to try to keep public property open and develop public lands for OHV access.
I have copied David’s response below. He makes some good points related to business decisions. I believe many people do not understand what “trail Riding OHV’s†really involves and especially not insurance companies. If ATV parks can be insured then it makes no sense to me why OHV parks cost so much for insurance other than a lack of understanding.
If it was a business then there is nothing that can be done. He will have to have insurance because "Hold Harmless laws" do not apply in any state I know of fpr a business. In Tennessee we did OHV's including full size 4x4's added to where a land owner can charge and still be protected IF the money is not a substantial part of their income and it is NOT a business and our hold harmless law has expanded to cover that.
If the owner wants to allow people to ride without being a business they will need to check the "hold harmless" laws of Alabama and ask the state legislature to modify it where recreational if allowed on private property the owner of the land is not liabile for injuries. Ask the state legislature to specifically add OHV's (INCLUDING 4x4 FULL SIZE VEHICLES) to: §35-15-1. No duty owed except as provided in section 35-15-3 (Again note that no money can be charged, however you could legislate that a small fee (may) be charged say 10 dollars a day as long as it is not a substantial amount of the landowners income. If it is substantial then that would be a business and will not be covered by holdharmless.
If 200 people buy the property they would then be liable if they charge people to ride on the land, but they may be able to do a form simular to hunting clubs that lease land, but be careful, some state where membership is allowed on the land still have to pay a fee to be a member so they most likely will still have to have insurance because the hold harmless will still not apply due to membership fees as implied in AL Statue §35-15-3. Otherwise existing liability not limited
Bottom line is to get with your state representatives and tell them what you want and ask them to amend and strengthen Title 35 Chapter 15 of Alabama code
Other ideas to mitigate the insurance costs would be to limit the access to only insured vehicles. You could set a minimum (use the state required minimum to begin with) amount required and keep on file copies of the insurance cards proving the vehicle was insured. Post speed limit signs and implement rule restrictions to be observed by the users of the park. Require a waiver of liability be signed before riding, and a statement agreeing to all the rules.
The best option may be for him to donate/sell to the local government with the restriction that they maintain the land for OHV use. The City of Gadsden may be interested if you can show economic development and activity associated with the operation of the park. Have you approached any county or City officials about this? If the City or County owned or even leased it for a long term ease they may be eligible for RTP funding to make improvements to the trails and land such as restrooms etc. Also, Southern Clubs may be willing to assist with maintenance etc. knowing it would be open for use by the public. The City or County could also charge a fee to ride. You should look at the Harlan County, KY experiment of Black Mountain OHV area to see what could be done.
Just a few thoughts….
Flint
K. Flint Holbrook, PE "
"My name is Flint Holbrook and I am the Director of Land Use and Conservation for SFWDA. Roger forwarded your message to me and David Borum our Director of Legislative Affairs.
SFWDA’s mission and focus has been and continues to be on public lands and public access for wheeling full sized vehicles. Our efforts are focused on government owned and supported lands and not on private for profit activities. It is not that we don’t support these activities, because we do, our mission is to use our limited resources to try to keep public property open and develop public lands for OHV access.
I have copied David’s response below. He makes some good points related to business decisions. I believe many people do not understand what “trail Riding OHV’s†really involves and especially not insurance companies. If ATV parks can be insured then it makes no sense to me why OHV parks cost so much for insurance other than a lack of understanding.
If it was a business then there is nothing that can be done. He will have to have insurance because "Hold Harmless laws" do not apply in any state I know of fpr a business. In Tennessee we did OHV's including full size 4x4's added to where a land owner can charge and still be protected IF the money is not a substantial part of their income and it is NOT a business and our hold harmless law has expanded to cover that.
If the owner wants to allow people to ride without being a business they will need to check the "hold harmless" laws of Alabama and ask the state legislature to modify it where recreational if allowed on private property the owner of the land is not liabile for injuries. Ask the state legislature to specifically add OHV's (INCLUDING 4x4 FULL SIZE VEHICLES) to: §35-15-1. No duty owed except as provided in section 35-15-3 (Again note that no money can be charged, however you could legislate that a small fee (may) be charged say 10 dollars a day as long as it is not a substantial amount of the landowners income. If it is substantial then that would be a business and will not be covered by holdharmless.
If 200 people buy the property they would then be liable if they charge people to ride on the land, but they may be able to do a form simular to hunting clubs that lease land, but be careful, some state where membership is allowed on the land still have to pay a fee to be a member so they most likely will still have to have insurance because the hold harmless will still not apply due to membership fees as implied in AL Statue §35-15-3. Otherwise existing liability not limited
Bottom line is to get with your state representatives and tell them what you want and ask them to amend and strengthen Title 35 Chapter 15 of Alabama code
Other ideas to mitigate the insurance costs would be to limit the access to only insured vehicles. You could set a minimum (use the state required minimum to begin with) amount required and keep on file copies of the insurance cards proving the vehicle was insured. Post speed limit signs and implement rule restrictions to be observed by the users of the park. Require a waiver of liability be signed before riding, and a statement agreeing to all the rules.
The best option may be for him to donate/sell to the local government with the restriction that they maintain the land for OHV use. The City of Gadsden may be interested if you can show economic development and activity associated with the operation of the park. Have you approached any county or City officials about this? If the City or County owned or even leased it for a long term ease they may be eligible for RTP funding to make improvements to the trails and land such as restrooms etc. Also, Southern Clubs may be willing to assist with maintenance etc. knowing it would be open for use by the public. The City or County could also charge a fee to ride. You should look at the Harlan County, KY experiment of Black Mountain OHV area to see what could be done.
Just a few thoughts….
Flint
K. Flint Holbrook, PE "
TacomaJD
I LIKE CHEAP STUFF.....
The-Boss said:
x2 ...damn I miss this place! Hope something gets resolved soon!
R
rock yuppie
Guest
Open to public is best option for everybody. I don't care who owns the land as long as it would stay off road park open to public. I am not looking to give it away though. I have got to get back what I have in it.
Do Work 93YJ
Well-Known Member
Hope you get it worked out Bob like everyone else I really hope I can wheel Mountainside again someday.
Neal3000
Well-Known Member
rock yuppie said:
Is that realistic in todays economy/ real estate market?
twentyfootdaredevil
Well-Known Member
- Joined
- Sep 9, 2010
- Messages
- 151
How many acres is the park?
muddinmetal
Guntersville, AL
Neal3000 said:
Are you being sarcastic? Trying to low ball? Cause actually it's not realistic... If any thing, It is now worth more, because land continues to climb in value and will never stop doing so...
We could argue it all day, but he should do just fine recovering his land costs. Now if he wants to cover all equipment and land hours ever put into the park, that, may be a different story
