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North Country ATV Association NYTRO of Eastern NY
a division of NYTRO Inc
North Country ATV Association NYTRO of Eastern NY
a division of NYTRO Inc.
PO Box 136
Greenfield Center, NY 12833
Dear LandOwner
The New York Trail Riders Organization Inc. and its eastern chapter North Country ATV Association NYTRO of eastern NY would like to take this opportunity to thank you for taking the time to consider our proposal. We realize the idea of allowing our organization to use your property, as part of our trail system may not be in line with anything you may have considered in the past. We acknowledge that this voluntary use is a privilege, which we would continuously strive to earn through our care and respect of your land.
Organized ATV trails through the efforts of volunteers and clubs is currently experiencing unprecedented enthusiasm and growth. Your support of our clubs efforts to develop and maintain a designated and insured trail system would be greatly appreciated.
Should you have questions, comments or concerns, please feel free to contact us and let us know.
Sincerely,
Fay (Moak) DeTragila
President
North Country ATV Association NYTRO of eastern NY
a division of NYTRO Inc
(518) 428-5827
ncatva@ncatva.com
www.ncatva.com
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______________________________________________________________________________________________________
North Country ATV Association, NYTRO of Eastern NY
A Division of NYTRO Inc.
PO Box 136 Greenfield Center, NY 12833
518-428-5827
LANDOWNER PERMISSION FOR MOTORIZED RECREATION USE
Article 9, Section 103 of the General Obligations Law of the State of New York
In New York, a statutory law (General Obligation Law 9-103) protects landowners from liability for injuries
to recreational users of their property. This statute gives relief not only to the outright owners of property but
also to tenants occupying the property. It lists a number of covered recreational activities: hunting, fishing,
organized gleaning, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding,
speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for
recreational purposes , snowmobile operation, cutting or gathering of wood for non-commercial purposes and
training of dogs. The protection arises regardless of whether the landowner posts the property. While
posting is essential to winning a trespass case, it does not affect liability under the statute. Likewise, the
statutory protection arises regardless of whether the recreational user has permission to be on the
property. Thus, under most circumstances, the landowner has no duty to recreational users to keep the
premises safe or to warn of a dangerous condition, use, structure or activity.
Two situations deprive the landowner of the statute’s coverage: (1) the landowner willfully or maliciously
fails to guard or warn of a known, unsafe condition or risk, or (2) the landowner requires compensation
for the recreational use of their property.
Willful and malicious refers to an intentional act of an unreasonable character performed in disregard of
a known or obvious risk so great as to make it highly probable that harm will result. A known, unsafe
condition or risk does not include natural features or man-made structures plainly visible and reasonably
avoidable.
When the statute does not apply, case law determines landowner liability. It states that the duty of care owed by
a landowner depends on the foreseeability of the risk of injury. Several factors contribute to foreseeability: who
owns the land, the injured person’s age, whether the injured person paid for using the property, the location of
the property in relation to populated areas and what measures the defendant would have to take to find and
prevent the unsafe condition or risk.
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Pursuant to Article 9, Section 103 of the General Obligations Law of the State of New York, I, _________
_______________________________________________________________________(landowner or Agent)
do hereby grant permission for NYTRO of Eastern NY (OHV operators) to operate motorized
recreation vehicles on land located generally near ______________________________________________
__________________________________________________________________________________________
_________________________________________________________________________________________
Permission Granted by:__________________________________________________(authorized signature)
Date:______________________________Witness:_______________________________________________
NYTRO of Eastern NY recognizes that there is no contract between NYTRO of Eastern NY
and the landowner listed above. The landowner may terminate this permission at any time,
for any reason.
V10.02.09
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