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Name:   skiantique - Email Member
Subject:   cliffs and trespassing?
Date:   8/3/2008 11:38:19 PM

Well, had another first today and probably won't surprise some of you it was with our ever so friendly marine police woman. We were floating around the cliffs with about 20+ other boats, people everywhere. Tons of kids jumping off the cliffs, everyone being very well behaved.

I looked and here she came right through the middle of everyone, right up to the cliffs, turned on her speaker and stated, "as soon as you get out of the water and onto the rocks, you are trespassing, you must get off the rocks now". She meandered away, didn't check a single boat for anything, and before we left, some folks were back up jumping again.

Anyone know who really owns that ridge?

chris



Name:   crest11 - Email Member
Subject:   cliffs and trespassing?
Date:   8/4/2008 7:39:23 AM

Its strange that if it were that important or who ever owns the land complained she never came back to enforce it. I assumed the land belonged to the same people that owned the condo's , I may be wrong but I thought I seen a sign somewhere along there with there name on it. Another thought , who ever owns the land could be thinking about a liability issue also. Some people are looking to sue for anything.



Name:   MovinFr8 - Email Member
Subject:   cliffs and trespassing?
Date:   8/4/2008 8:36:20 AM

Lincoln Harbor (to the best of my limited knowledge) now owns the property (from the begining).

While we have been there many times and probably will be back, I have heard that the MP will write you a ticket for climbing on the rocks. Probably just a rumor but I heard it was a $20 tic......

The reason she probably did not write a tic that day was because who specifically do you pull out and write and who do you let drive off while you write that one ticket......

I am sure it is the property owners requesting the rules and the MP get tired of enforcing it...........



Name:   RatherBeSkiing - Email Member
Subject:   cliffs and trespassing?
Date:   8/4/2008 12:01:31 PM

The property is now owned by Lincoln Harbor. They actually had the gall to hang a HUGE grand opening banner on it last year. The banner didn't last a day before someone took it down. It's such a beautiful spot - I thought the banner was pretty tacky. Count on developers to spoil the natural beauty of a place.



Name:   skiantique - Email Member
Subject:   cliffs and trespassing?
Date:   8/4/2008 12:47:08 PM

So if I am a condo owner in Linconln Harber, can I get on the cliffs? :-)

chris



Name:   midagefeller - Email Member
Subject:   cliffs and trespassing?
Date:   8/4/2008 6:14:47 PM

Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner. There are both criminal and civil TRESPASS laws. Criminal trespass law is enforced by police, sheriffs, or park rangers. Civil trespass requires that the landowner initiate a private enforcement action in court to collect any damages for which the trespasser may be responsible, regardless of whether a crime has been committed. Traditionally, for either type of trespass, some level of intent is required. Thus, the trespasser must not simply unwittingly traverse another's land but must knowingly go onto the property without permission. Knowledge may be inferred when the owner tells the trespasser not to go on the land, when the land is fenced, or when a "no trespassing" sign in posted. A trespasser would probably not be prosecuted if the land was open, the trespasser's conduct did not substantially interfere with the owner's use of the property, and the trespasser left immediately on request.

All that said, Alabama Power also owns an easement around the lake. How far back does it go from the water at the full pool level? Is it defined by a horizontal measurement from the water at full pool or by a verticle transfer to horizontal measurement at the flood level?

I remember as a young person being able to hunt a persons property by simply asking persmission. This has changed and written permission is now required.

I think we all will agree that if you or I do not hold proof of ownership to any property then by all rights if we enter upon another persons or company's property without formal permission we are in fact trespassing.



Name:   BIGWORMK - Email Member
Subject:   cliffs and trespassing?
Date:   8/5/2008 12:51:45 AM

Guys (and gals) they tried to do the same with Chimney Rock on Martin. It didn't last long. As far as Alabama Power is concerned they have rights to anything in the flood plane (so I'm told).



Name:   skiantique - Email Member
Subject:   cliffs and trespassing?
Date:   8/5/2008 9:04:58 AM

I was wondering how that was handled on Martin as it seems like a huge hangout, but didn't know the details of location, ownership, etc...

chris



Name:   skiantique - Email Member
Subject:   cliffs and trespassing?
Date:   8/5/2008 9:06:00 AM

I wonder if they have been complaining. If so, doesn't seem smart as that's about the only thing drawing traffic anywhere near their eye sores and lousy planning.

chris



Name:   RatherBeSkiing - Email Member
Subject:   Chimney Rock vs. the cliffs
Date:   8/5/2008 10:34:49 AM

I spent last weekend at Lake Martin and we went to Chimney Rock. What an eyesore. Talk about defacing a thing of natural beauty. I couldn't believe all the graffiti. The cliffs at Logan Martin are beautiful and as yet unmarred.

Everybody in Mountain Brook just has to have a place at Lake Martin and frankly I don't understand the attraction. Granted the water is cleaner and doesn't have that funky fish smell. But I will never look at boat traffic on Logan Martin the same way again. There are so many HUGE boats kicking up HUGE wakes on Lake Martin. And then there's the drive down there - dealing with 280 from Bham. I can leave my house in Bham and be skiing in under an hour. A weekend at Martin made me appreciate Logan Martin.



Name:   Thomas Paine - Email Member
Subject:   cliffs and trespassing?
Date:   8/11/2008 11:39:06 AM

My parents always taught me (and I teach my child the same) that unless you own a piece of property or have specific permission to be on that propery then you have no right to be there. It's all about respect and responsibility. Whatever the legality, common sense and common courtesy would place that location off limits unless you had specific permission. Do the right thing from the beginning and then you wouldn't have to worry about that "mean old police lady" getting on to you.



Name:   pmardis1 - Email Member
Subject:   cliffs and trespassing?
Date:   8/12/2008 12:22:17 AM

I was told some kids got killed jumping off the cliffs about 1o years ago.. i couldnt verify it but thats probably why MP was warning people. Same problem at lay alke in the narrows







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