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Piedmont Greenway Master Plan - Town of Kernersville

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End Notes:<br />

1) There is a long history in the United States <strong>of</strong> private landowners allowing public use <strong>of</strong> their land<br />

for recreation. This can happen in an informal way such as for hunting or fishing, or in a more formal<br />

way where a trail is established.<br />

2) Recreational Use Statute protects the property “owner.” While the definition <strong>of</strong> “owner” can vary<br />

somewhat from state to state, most define it broadly to include the legal owner <strong>of</strong> the land, a tenant,<br />

lessee, occupant or person in control <strong>of</strong> the premises. Some statutes specifically include public entities<br />

in the definition <strong>of</strong> owner while other states specifically exclude public entities, while still others have<br />

left it for the courts to decide.<br />

3) Most states define recreational use in the statute by listing a broad range <strong>of</strong> activities such as swimming<br />

and hiking and may even include the phrase “includes, but is not limited to” in order to prevent a<br />

narrow interpretation <strong>of</strong> the term recreation.<br />

4) “Guide for the Developments <strong>of</strong> Bicycle Facilities”. American Association <strong>of</strong> State Highway and<br />

Transportation Officials (AASHTO) 1999. More information can be found at: www.aashto.org Manual<br />

on Uniform Traffic Control Devices (MUTCD). More details can be found at: wwwohs.fhwa.dot.gov/<br />

devices/mutcd.html.<br />

5) “Rails-Trails and Liability -- A Primer on Trail-Related Liability Issues and Risk Management<br />

Techniques.” Published by the Rails-to-Trail Conservancy in cooperation with National Park Service<br />

Rivers, Trails, and Conservation Assistance Program. September, 2000.<br />

PIEDMONT GREENWAY<br />

Final <strong>Master</strong> <strong>Plan</strong> Report • 86

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