North Country ATV Association, NYTRO of Eastern NY
A Division of NYTRO Inc.
PO Box 136
Greenfield Center, NY 12833
www.ncatva.com
July 17, 2010
Dear Landowner,
I would like to introduce you to North Country ATV Association, NYTRO of Eastern NY, a Division of NYTRO Inc.. NYTRO Inc. is the largest and most diverse ATV and Dirt Bike club in New York State. NYTRO Inc. currently has five divisions that are
expanding across New York. North Country ATV Association, NYTRO of Eastern NY is headquartered in the Town of Greenfield, Saratoga County. We currently manage a club leases of 2042 acres and with 21+ miles of trails for our club members to use.
North Country ATV Association, NYTRO of Eastern NY is looking to grow and add new riding areas across Saratoga, Washington and Warren Counties. We are expecting to do much more then just increasing places for our members to legally ride their machines. We hope to create a better local economy by increasing foot traffic into local gas stations, restaurants, and hotels. This will increase the local tax base and create and/or keep jobs in the area. Having legal places to ride will also decrease illegal riding on private and public forest preserves where ATV recreation is not permitted.
You are receiving this letter because you have been identified as a landowner that owns property that could be used for ATV recreation. NYTRO of Eastern NY is willing to manage, maintain, and insure any approved ATV recreational areas on your property. In addition to making you an “additional insured” on our insurance policy, the General Obligations Law of the State of New York was designed to shield landowners like you from any liability that could be caused from our club using your land. We have attached a a copy of the General Obligations Law for you to review and a map of the property we are interested in using.
If you are interested in allowing NYTRO of Eastern NY to use portions of your property for ATV recreation, we would love to hear form you. Feel free to view our websites and please call us with any questions. Someone from North Country ATV Association, NYTRO of Eastern NY will be giving you a follow up call in a few weeks.
Sincerely,
Moak Detraglia
President
NYTRO of Eastern NY
ncatva500@aol.com
518- 428-5827
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.
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