Forums: Climbing Information: Access Issues & Closures: Re: [jkasmann] Draper's Bluff access: Edit Log




MS1


May 19, 2009, 6:21 AM

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Registered: Feb 24, 2009
Posts: 560

Re: [jkasmann] Draper's Bluff access
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jkasmann wrote:
My interpretation of the IL statutes is that "745 ILCS 67/State of Illinois Recreational Use of Leased Land Act" only applies to land that is leased by an owner to the state - not the case with Draper's.

This is my read as well. So I think that under current law, there would be two options to reopen access w/ limited liability: Either work out a nominal lease to the DNR that preserves climber access, or else use an approach like that applied to Muir Valley in the RRG: Post signs indicating that anyone who enters the land without first signing a liability waiver (made available online) is a trespasser. The only shortcoming of the second option is that, in Illinois, there is a "frequent trespasser" doctrine, under which landowners can become liable for hazards on their land if they know that trespassers regularly enter it. So the liability-waiver approach could work only so long as most climbers cooperate by actually filling out the waivers.


(This post was edited by MS1 on May 19, 2009, 9:45 AM)



Edit Log:
Post edited by MS1 () on May 19, 2009, 9:45 AM


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