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Posted

Sounds like a case of practical law vs letter of the law?

A sensible sheriff at any rate...

Exactly.

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Posted

Thanks for the post, I'm surprised that MO has a tresspassing ordinance of absolute liability. I would think that some form of notice would be appropriate in this instance, as even on highways the speed limit is posted.

“The greatest menace to freedom is an inert people” J. Brandeis

Posted

Thanks for the post, I'm surprised that MO has a tresspassing ordinance of absolute liability. I would think that some form of notice would be appropriate in this instance, as even on highways the speed limit is posted.

Definition of absolute liability, please?

cricket.c21.com

Posted

Thanks for the post, I'm surprised that MO has a tresspassing ordinance of absolute liability. I would think that some form of notice would be appropriate in this instance, as even on highways the speed limit is posted.

You will also note trespassing is only an infraction if not posted. The law is basically in place so the land owner has grounds to call the law and have the trespasser(s) removed.

Definition of absolute liability, please?

Cricket, just for you the king of Wiki: http://en.wikipedia.org/wiki/Strict_liability

I have spent most of my money on fly fishing and beer. The rest I just wasted.

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Posted

Absolute liability is the same as strict liability: "Liability that does not depend on actual negligence or intent to harm" Blacks Law Dictionary

“The greatest menace to freedom is an inert people” J. Brandeis

Posted

I know I will be roasted for that, but I feel pretty strongly about stream access issues.

No roast from me. I am behind you on this 1k%! I think that would be great idea.

Chief Grey Bear

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Posted

I would be behind it, but you would have some hell from landowners.

“The greatest menace to freedom is an inert people” J. Brandeis

Posted

I would be behind it, but you would have some hell from landowners.

Naturally, but nothing worthwhile ever happened that didn't involve overcoming some opposition.

I think there are more fisherman than angry landowners in MO, although the latter may be able to put more money into a possible campaign if a stream access law did appear on the ballot. Also, the fact that Trout Unlimited has recently decided to stop taking stands on stream access issues would make things more difficult from a funding standpoint.

Still, I believe such a law would have an excellent chance of passing as a ballot measure if it ever got that far. I could be wrong about that, it's just a wild guess. But you do have to start somewhere, and I think it's a worthy cause.

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