Know the law

[Bill Cummings]

NEW MEXICO STATUTES AND CODES
Section 30-14-6 - No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands.

30-14-6. No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands.

A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land.

B. The notices posted shall prohibit all persons from trespassing or entering upon the property, without permission of the owner, lessee, person in lawful possession or his agent. The notices shall:

(1) be printed legibly in English;

(2) be at least one hundred forty-four square inches in size;

(3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;

(4) be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries; and

(5) where applicable, state any specific prohibition that the posting is directed against, such as "no trespassing," "no hunting," "no fishing," "no digging" or any other specific prohibition.

C. Any person who posts public lands contrary to state or federal law or regualtion [regulation] is guilty of a petty misdemeanor.
- See more at: http://statutes.laws.com/new-mexico/cha ... 5c2X0.dpuf

[Bill Cummings]

http://www.clemson.edu/extension/natural_resources/wildlife/publications/fs25_recreational_access_liability.html
Here is a link to help us understand the law as it applies to land owners and their liability when people use their land for recreational purposes.

[Wyatt]

Interesting, Bill. The way I read this is that if the No Trespassing sign does not have both the name and address of the landowner, it is invalid and therefore within our legal rights to ignore it.

[wingspan33]

Interesting, Bill. The way I read this is that if the No Trespassing sign does not have both the name and address of the landowner, it is invalid and therefore within our legal rights to ignore it.

Hi Wyatt,

I'm up here in NYS and the law falls the same way. A posted No Trespassing sign is meant to include the name and contact info for the person (or business entity) who owns or is responsible for the posted land. Otherwise unknown and unnamed people could put up posted signs wherever they wanted - including land they don't own.

Another interesting part of the law is, upon landing somewhere (let's say, some isolated hay field) you can't be accused of trespassing if you didn't see the "No Trespassing" signs prior to landing. But the best thing in such a case is to pack up and get your glider and equipment to a public area (nearby road?) ASAP. If you leave it on land that you realize IS posted (as you head out to get your ride) you CAN be legally prevented from reentering the property to get your possessions - if the owner came along and decided to be unpleasant.

But remember that laws vary from State to State so it's best to know the local situation.

[Bill Cummings]

Interesting, Bill. The way I read this is that if the No Trespassing sign does not have both the name and address of the landowner, it is invalid and therefore within our legal rights to ignore it.

But there is more:

C. Any person who posts public lands contrary to state or federal law or regualtion [regulation] is guilty of a petty misdemeanor.
- See more at: http://statutes.laws.com/new-mexico/cha ... 5c2X0.dpuf

Exactly what a petty misdemeanor will cost someone that posts and improper, "No Trespassing," sign, I don't have the answer for that question.
But I would be happy to and have no problem causing them to find out.

[Bill Cummings]

Copy/paste from a different thread here at the Hawks:

New Mexico
From : http://asci.uvm.edu/equine/law/recreate/nm_rec.htm
New Mexico Recreational Use Statute

NEW MEXICO STATUTES
CHAPTER 17. GAME AND FISH
ARTICLE 4. PROPAGATION OF FISH AND GAME



17-4-7. Liability of landowner permitting persons to hunt, fish or use lands for recreation; duty of care; exceptions

A. Any owner, lessee or person in control of lands who, without charge or other consideration, other than a consideration paid to said landowner by the state, the federal government or any other governmental agency, grants permission to any person or group to use his lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing or any other recreational use does not thereby:

(1) extend any assurance that the premises are safe for each purpose; or

(2) assume any duty of care to keep such lands safe for entry or use; or

(3) assume responsibility or liability for any injury or damage to, or caused by, such person or group;

(4) assume any greater responsibility, duty of care or liability to such person or group, than if such permission had not been granted and such person or group were trespassers.

B. This section shall not limit the liability of any landowner, lessee or person in control of lands which may otherwise exist by law for injuries to any person granted permission to hunt, fish, trap, camp, hike, sightsee or use the land for recreation in exchange for a consideration, other than a consideration paid to said landowner by the state, the federal government or any other governmental agency.

Below jump to actual state statute or code:
From: http://theraf.org/sites/default/files/r ... _10555.pdf

Below actual wording of statute or code for New Mexico (USA) (I recommend NM pilots print and carry copies while flying in New Mexico)
From: http://theraf.org/sites/default/files/r ... _96249.pdf

Below is a link for New Mexico State Land Recreation Permit.
From: http://www.nmstatelands.org/commercial-forms-and-permits.aspx

[Bill Cummings]

Motorized travel on BLM Lands.
http://www.blm.gov/wo/st/en/info/regulations.html
Sec. 1507. Recreational travel management plans.
http://www.blm.gov/style/medialib/blm/w ... edbill.pdf
­­­­­­­__________________________________________________________________________
(Note for RGSA Pilots, From farther below portion limiting motorized travel on BLM Lands)
N GENERAL
.—Except as provided in paragraph (2), the
plan shall limit recreational motorized and mechanized off-
highway vehicle use to a system of designated roads and trails
established by the plan.
_____________________________________________________________________
SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS. (Page 50 of 466)
(a) IN
GENERAL
.—In accordance with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary
shall, in coordination with the Tribes, State, and County, prepare
1 or more travel management plans for motorized and mechanized
off-highway vehicle recreation for the land managed by the Bureau
of Land Management in the County.
(b) INVENTORY
.—Before preparing the plan under subsection
(a), the Secretary shall conduct resource and route inventories
of the area covered by the plan.
(c) LIMITATION TO
DESIGNATED
ROUTES
.—
(1) IN GENERAL
.—Except as provided in paragraph (2), the
plan shall limit recreational motorized and mechanized off-
highway vehicle use to a system of designated roads and trails
established by the plan.
(2) EXCEPTION
.—Paragraph (1) shall not apply to snowmo-
biles.
(d) TEMPORARY
LIMITATION
.—
(1) IN GENERAL
.—Except as provided in paragraph (2), until
the date on which the Secretary completes the plan, all rec-
reational motorized and mechanized off-highway vehicle use
shall be limited to roads and trails lawfully in existence on
the day before the date of enactment of this Act.
(2) EXCEPTION
.—Paragraph (1) shall not apply to—
(A) snowmobiles; or
(B) areas specifically identified as open, closed, or lim-
ited in the Owyhee Resource Management Plan.
(e) SCHEDULE
.—
(1) OWYHEE FRONT
.—It is the intent of Congress that,
not later than 1 year after the date of enactment of this Act,
the Secretary shall complete a transportation plan for the
Owyhee Front.
(2) OTHER BUREAU OF LAND MANAGEMENT LAND IN THE
COUNTY
.—It is the intent of Congress that, not later than
3 years after the date of enactment of this Act, the Secretary
shall complete a transportation plan for Bureau of Land
Management land in the County outside the Owyhee Front

[Bill Cummings]

Always when I see a government agency put out information about new, proposed rules with aims towards transparency and improved collaborative land management I have to pause.
In desperation I wonder, will self medicating with alcohol in any way mitigate or agitate my exploding panic attack?
What could my public servants be up to now?
It will raise the little hairs on the back of my suspicions when reading words or phrases like: proposed, aims to improve, effective, transparency, long standing tradition, and, create increased opportunities.
These words have been so long abused that they have taken on an opposite meaning. We are on to them. It no longer works.
Even a fetus gets a nervous tic when it hears the phrase, "Pro Choice."
I wish my public servants would quit with this preamble of upbeat, positive, and favorable words and just start out by asking, "Are you sitting down?" Then just go ahead and backhand me with the edict.
ANYWAY,
Until May 24, 2016 we are in a proposed rule making public comment period. For those of us with the proper fluoride intake this comment period affords us a sense of empowerment. Don't miss this short opportunity to feel like you are in control. The opportunity ends May 24, 2016.
http://www.blm.gov/wo/st/en/prog/planning/planning_overview/planning_2_0.html
_______________________________________________________________________________
http://www.blm.gov/style/medialib/blm/wo/Planning_and_Renewable_Resources/planning_images/planning_image_folder.Par.33335.File.dat/Planning_Proposed_Rule022516.pdf
________________________________________________________________________________________________

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[Bob Kuczewski]

Thanks for the head's up on this one Bill!!!!!!

I just followed the link that you gave and it says that they've extended the comment period until May 25th, but I think we shouldn't wait until the last minute.

I wonder if the US Hawks Board would like to put together a position paper that we can submit as an open letter. We could start a topic in the Board area to kick it around.

Mostly thanks for keeping your eyes wide open about what's going on. This is something we would have totally missed otherwise.

In response to requests from the public, the Bureau of Land Management (BLM) has extended the comment period on the proposed planning rule by 30 days. The comment period now closes on May 25, 2016. You may submit comments by any of the following methods:

Mail
Director (630), Bureau of Land Management, U.S. Department of the Interior, 1849 C Street, N.W., Room 2134LM, Washington, DC 20240, Attention: 1004-AE39

Personal or messenger delivery
U.S. Department of the Interior, Bureau of Land Management, 20 M Street, S.E., Room 2134LM, Attention: Regulatory Affairs, Washington, DC 20003

Federal eRulemaking Portal
https://www.regulations.gov/#!documentD ... -0002-0001

[Bill Cummings]

Recreational Aviation can get in the way of aerial fire fighting operations.
https://nmfireinfo.com/2016/06/09/nifc-reminds-public-if-you-fly-we-cant/
Also if you scroll down you will see this (below) that affects the fun flying at Gray Hill, NM

Cibola NF & National Grasslands’- The North Fire at 14,508 Acres

June 9, 2016 by cwolfe408 0 Comments

Magdalena, NM; June 9, 2016 – The North fire on the Magdalena Ranger District continues to increase in size and is now 14,508 acres; at 20% containment. Acreage will increase daily as ignition operations continue. The lightning-caused fire started on May 21st and is located in the San Mateo Mountains, 25 miles southwest of Magdalena, […]
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Active Wildfire, BLM, Closures, Fire Prevention, Firewise, Forest Service, NM Fire Info, NM Game and Fish, NM State Forestry, Restrictions, Smoke, Southwest NM, US Fish and Wildlife Service, USDI-BIA