Mountain Side Ownership.

[UABYJ94]

He would no longer be the land owner once he sold the property to the 200 shared owners of the LLC. There would be no one person owner to sue as it is not owned by one person alone. That's where he was talking about getting insurance for the public events only instead of a year long coverage plan.

 

[TacomaJD]

You can't sudstitute a lawyer on retainer for insurance. I don't blame the guy for not wanting to be covered. The owner being an LLC doesn't protect him from losing the land and all his time and money he has invested. The only thing the LLC protects is his "personal" assets. And there are ways around that.

Unfortunately, there isn't an easy way to make this work. I'm not sure why the guest couldn't sign a waiver.

I wonder if you could form a "club" and have weekend and/or yearly memberships? Is there protection for "private clubs" and its members? I remember a night club in Gadsden that was a so called private club and all you had to do was pay the cover and fill out a small membership card. They claimed the insurance was cheaper for a private club that it was for public... just a thought.

Sounds like you're talking about Afterlife beside Chestnut Station. I'm a member there ;D

 

[rock yuppie]

I've seen it mentioned several times, but no conclusive answer.

How do Choccolocco, Hawk Pride, Crusher Ridge, Hale Mtn, Gray Rock, and Morris Mountain stay open? (all in Alabama)

Not to mention Golden Mountain, Mayhem ORV, WITC, Wooly's (all privately owned parks in TN)

Do the owners just assume more risk?

The only owners I've been around/rode with/hung out with were Trey at Choccolocco and Marvin at Mayhem, and lawsuits/injury/liability never seemed to be much a concern...?

I can't answer for those guy's, they would have to answer for themselves. I also have no clue of other business ventures they may have going on and how a park ownership / lawsuite could affect them from that aspect. I know for me personally, it is great of risk for the return.[size=10pt][size=10pt][size=10pt][size=10pt][size=10pt][size=10pt][size=10pt][size=10pt][/size][/size][/size][/size][/size][/size][/size][/size]

 

[BMan]

Well I think I will open a corporation and let my corporation by my share. Since I am a corporation no one will be able to sue me personally. Plus I will then sell time share portions of the coorporation to other wheelers so they become members through my coorporation and can wheel at the park. In turn I figure I should be able to make a return off the initial investment in the park. :flipper:

All you need now Brad is a rig!

 

[onealdodge]

I'd support the park...All in all sounds like Bob's trying to guage interest in who would be willing to be a member. Parks are not at every corner so I will help any way possible to keep this one going.

 

[wannabe]

idk much and ive never even been to montaiinside but why dont you talk to some lawyers and see if they have any other ideas..?

 

[rock yuppie]

idk much and ive never even been to montaiinside but why dont you talk to some lawyers and see if they have any other ideas..?

[size=10pt]I have and I am still working some what with three different areas of professionals that need to be involved. The thing to remember is that every phone call cost money and none of these guys work cheap. That's why I said from the beginning that I need to know how many people would be interested in something like this. If I get enough people interested then I will proceed to pay these professionals to iron every issue out to protect us all. If not enough people want it, then I will more than likely look at some other offers that have been made to me on the property. I am trying to be as open and fair as I can be about this whole process in letting this be a wheeling community based plan, but I still have to be cautious at throwing money away over ideas that may or may not workout. [/size] [size=10pt][size=10pt][size=10pt][/size][/size][/size]

 

[kid rok]

Im in, but all kidding aside I do not have $1000 to just hand over as of now. Is a payment plan an option?

 

[CHASMAN9]

What is the possibility of if this becomes a multiple ownership property, putting it into the name of a Trust account? This way if something does happen, the property does not belong to anyone other than a Trust account and no one can get sued and everyone's property ownership is not taken.
And as for the $1000 ownership fee, will this be a one time fee or will there be a Capital Call later down the road? Just thinking of the latter terms down the road for a possibilty of ownership for myself as well as the othes.

 

[snoball]

I and a couple of others here in fl would be interested if all the details work out. Thanks for all your efforts.

 

[Neal3000]

What is the possibility of putting it into the name of a Trust account?

i think your on the right track with this. Best i can tell from reading this, In Alabama if people are using non-commerical land for recreational purposes then they don't really have any rights to sue the landowners if they are injured etc.

http://www.americanwhitewater.org/resources/repository/Alabama_Recreational_Use_Statute.htm

In Rock climbing there are a lot of the same issues as we have in offroading- finding legal places to enjoy our dangerous sports at. They formed up a group called the Southeast Climbing Coalition who's primary purpose is to buy peices of property where climbing has been banned, and then through donations and fundraisers pays it off and then make it open to the public. I know in the past 5 years or so they have bought and paid for at least 3 properties in Georgia (Boatrock) and Alabama (Steele and Jamestown) and now they are open free to the public.

What really needs to be done is for us to form a similar organization and start doing the same thing or we are going to run out of places to play at. I firmly believe that the 4x4 community could raise 200k in tax deductible donations and fundraisers in NO time.

 

[TacomaJD]

i think your on the right track with this. Best i can tell from reading this, In Alabama if people are using non-commerical land for recreational purposes then they don't really have any rights to sue the landowners if they are injured etc.

http://www.americanwhitewater.org/resources/repository/Alabama_Recreational_Use_Statute.htm

In Rock climbing there are a lot of the same issues as we have in offroading- finding legal places to enjoy our dangerous sports at. They formed up a group called the Southeast Climbing Coalition who's primary purpose is to buy peices of property where climbing has been banned, and then through donations and fundraisers pays it off and then make it open to the public. I know in the past 5 years or so they have bought and paid for at least 3 properties in Georgia (Boatrock) and Alabama (Steele and Jamestown) and now they are open free to the public.

What really needs to be done is for us to form a similar organization and start doing the same thing or we are going to run out of places to play at. I firmly believe that the 4x4 community could raise 200k in tax deductible donations and fundraisers in NO time.

FINALLY! An idea, that if holds to be true legally, seems as if it doesn't have many loopholes, if any at all.

 

[bulldoglover170]

It sounds like a really good idea

 

[zukiscott]

Its startin to sound better for real yall

Hell we all knew securing spots to offroad at was gonna come to this one day....hell I did.

 

[TacomaJD]

Its startin to sound better for real yall

Hell we all knew securing spots to offroad at was gonna come to this one day....hell I did.

Sucks, but will be worth it to keep it open so I can put more dents in my ****... :****:

 

[rock yuppie]

That works for me, but I am not familiar with this at all. Any and all help from those who do understand this process, please fill me in. The me we learn on our on before pay legals, the better off we are.[size=10pt][size=10pt][size=10pt][size=10pt][size=10pt][size=10pt][/size][/size][/size][/size][/size][/size]

 

[TacomaJD]

That works for me, but I am not familiar with this at all. Any and all help from those who do understand this process, please fill me in. The me we learn on our on before pay legals, the better off we are.[size=10pt][size=10pt][size=10pt][size=10pt][size=10pt][size=10pt][/size][/size][/size][/size][/size][/size]

I still would want legal verification of every aspect of any idea that is seriously considered, to cover your ass for certain...of course I'm sure that's a given, just stating the obvious ;D

 

[rock yuppie]

Ha, that's right TacomaJD, but you got to hear all sides before you can made a decision about the persuit.[size=10pt][size=10pt][size=10pt][size=10pt][size=10pt][/size][/size][/size][/size][/size]

 

[Neal3000]

Bob, a good start might be contacting some of these organizations and see if they want to get involved-

Blue Ribbon Coalition
http://www.sharetrails.org/

United Four Wheel Drive Association
http://www.ufwda.org/

Trails in Trouble
http://www.trailsintrouble.org/

Tread Lightly
http://www.treadlightly.org/


SEMA
http://www.sema.org/


National Off Highway Vehicle Conservation Council
http://www.nohvcc.org/

East Coast Four Wheel Drive Association
http://www.ec4wda.org/default.asp

Southern Four Wheel Drive Association
http://www.sfwda.org/

 

[rock yuppie]

Got a full night of stuff to do, but I will begin a letter of intent / request tomorrow for these guy's and see where that might lead. I really would rather have it set up so that everybody could still enjoy this place, but the guest issue is the first real big red flag.[size=10pt][size=10pt][size=10pt][/size][/size][/size]