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#361813 - 10/05/08 01:24 PM Re: Sticky on how to tell if you are on a private road [Re: Irishcoffee]
nujac Offline
TON Member

Registered: 07/12/01
Posts: 86
Loc: Comal County
I have been hearing that new EMS rules are opening up private roads that have three or more people living on that road. I search the Internet but have not found anything in writing.

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#361814 - 10/07/08 02:09 AM Re: Sticky on how to tell if you are on a private road [Re: nujac]
nujac Offline
TON Member

Registered: 07/12/01
Posts: 86
Loc: Comal County
Attached is a pictured of a purple post located on the Pedernales River in the Hill Country. When it was legal to ride in the riverbeds with a motorcycle, ATV, or 4x4 a purple post was the limit of how far one could travel out of the riverbed. Riverbeds can still be legally ridden in the Panhandle and one river in the hill country. I do not remember the name or part of the hill Country River that it was legal. Looking at the fresh paint job on this post I was wondering if anyone had any new information on what it might mean under the current Texas laws.


Attachments
554709-purple post.jpg (131 downloads)



Edited by nujac (10/07/08 02:12 AM)

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#361815 - 10/07/08 12:21 PM Re: Sticky on how to tell if you are on a private road [Re: nujac]
Dave Offline
AMSA Gang Boss

Registered: 02/13/01
Posts: 2348
Loc: Spicewood
Quoting Sec. 30.05. Criminal Trespass
(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
--------------------------------------------------------------------------------

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so. (b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.

(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;

(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;

(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;

(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and

(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or

(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
_________________________
Dave
Austin MotoSports Association


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#361816 - 10/08/08 09:58 PM Re: Sticky on how to tell if you are on a private road [Re: Dave]
Irishcoffee Offline
Veteran Lunatic

Registered: 08/17/02
Posts: 2764
Loc: TEXAS
What is the correlation between your post and an open road?

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#361817 - 10/08/08 11:40 PM Re: Sticky on how to tell if you are on a private road [Re: Dave]
Tominator Offline
Poet At Large

Registered: 01/05/01
Posts: 3923
In reply to:

(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;

(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and

(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or

(b) 1,000 feet apart on land other than forest land; or




Thanks Dave for clearing up the Purple Post question. It's nice to have a "deep source" who can dig up some otherwise unknown facts for us bikers, both on and off road.

_________________________
"I'm neither Conservative nor Liberal, I'm Considerable!"

Tom Bailey
Team BFD
KTM 5-sumthin

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#361818 - 10/09/08 01:05 PM Re: Sticky on how to tell if you are on a private road [Re: Tominator]
Dave Offline
AMSA Gang Boss

Registered: 02/13/01
Posts: 2348
Loc: Spicewood
We have some new folks down the ranch road from us that have painted all their fence posts PURPLE and I gotta tell ya, it uglied up their 40 acre waterfront place big time. I should have known when the first thing they did when the built their "compound" was cut down all the trees. I guess trees block the view thru their scope. Don't dare go near them unless ya have a thing for hot lead. That's definately not typical of the locals. The Mom and her 8 year old daughter actually told one of my neighbors that they shoot first and ask questions later! Nice.

Anyway, I would highly caution against riding down any roads that have unlocked gates across them. Been there, done that, not doing it again.
_________________________
Dave
Austin MotoSports Association


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#361819 - 10/09/08 07:56 PM Re: Sticky on how to tell if you are on a private road [Re: Dave]
Irishcoffee Offline
Veteran Lunatic

Registered: 08/17/02
Posts: 2764
Loc: TEXAS
Have never seen purple paint in my area. What about open, non-gated dirt roads that have a cattle guard? Usually no signs. I figure the land is private but is the road public?

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#361820 - 10/09/08 10:14 PM Re: Sticky on how to tell if you are on a private road [Re: Irishcoffee]
Dave Offline
AMSA Gang Boss

Registered: 02/13/01
Posts: 2348
Loc: Spicewood
I would check and see if it's on any maps you have. I think it's safe to say that if it shows up on maps that are available to the public, they "should be" deemed public roads. I will check with my connections at TXDOT next week to see if we can shed more light on the subject. We have a lot of ranch/county roads in my area (35miles west of Austin) that have no gates but with cattle guards. Nearly all of these roads have a county sign at the entrance to the road. These of course are perfectly legal to travel. As I mentioned above, I personally will not go thru anyones gate unless it's marked as an official county access road.

The purple marked fences are a relatively new thing but we are seeing more and more of them in the Hill Country as time goes on. I undestand why they do it but why in the heck did they have to choose purple?? LOL...not my favorite color but whatever!
_________________________
Dave
Austin MotoSports Association


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#361821 - 10/10/08 06:13 PM Re: Sticky on how to tell if you are on a private road [Re: Dave]
DeeKay Offline
Hall of Fame

Registered: 02/09/01
Posts: 1149
Loc: DeeKay Island
Hey DUDES,

SIMPLE, really. Purple is used in Mexico to designate PRIVATE LAND too! The pastel "purple" is cheaper than signs AND no one can argue that they didn't understand the language.

But, point well made is, some folks in national forests and BLM lands in New Mexico have started splashing purple all over....and clearly some of it is like the game you see in Austin where on public streets you find RESIDENT PARKING ONLY signs in front of houses.

While it is public parking on a public street you can bet your ride is at risk of flatted tires, vandalism, etc if you park in front of one of these BOGUS signs.

In the end, like the Devil's River....they whats gots guns, wins! Devil's River is navigable and therefore is PUBLIC access by canoe. However, adjacent land owners have been known to take shots at people to try and scare them away.

It is difficult to prove (unless you get hit) so the local law enforcement, who by definition are LOCAL...typically side with the property rights folks and claim there is no evidence.

SO, Dave, I agree.....be very careful around the purple. It could get you shot.

Deekay
_________________________
I was EXTREME....
Before Extreme was cool!

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#361822 - 02/22/09 01:33 AM Re: Sticky on how to tell if you are on a private road [Re: DeeKay]
DSSD230 Offline
New Member

Registered: 02/22/09
Posts: 1
Loc: Telephone TX
I live in Fannin county and up here there is no way to tell if you are on a private road or not. It has happened to me several times just roll up into someones drive and not realize it untill you're at the porch of there house. It would be nice to have some kind of system so that we would know. This also happened to me at beaversbend in Oklahoma. I met the owner as I was pulling out. he chased me in his car untill I lost him on a logging raod.

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