Liability and Risk Management

 

  • A Compilation of Michigan Statutes: This compilation of Michigan law includes sections of the Michigan Vehicle Code, the Recreational Trespass Act, Recreational Use Act, Snowmobile liability, and governmental liability for negligence.
  • Bike Path Phobia: Do bike paths cause crime? While enthusiasts may laugh at the suggestion, others fear dire consequences if undeveloped areas became public trails. Urban greenway supporters may cross swords with adamant opponents in vitriolic public meetings or expensive court cases. One community fought this battle on both fronts far years.
  • Buying Lands for Conservation: Environmental Assessment: Anyone who reads a newspaper or listens to the evening news is familiar with the dangers of land contaminated by hazardous materials. Cleanup costs can be very high; the property may be unsafe for public use; and the problem may expose the landowner to liability, regardless of who caused the contamination.
  • Creating an Interlocal Government Entity in Michigan: Act 312: Metropolitan District Act.
  • Creating an Interlocal Government Entity in Michigan: Act 321: Recreational Authority Act: An act to provide for the establishment of recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials.
  • Creating an Interlocal Government Entity in Michigan: Act 7Urban Cooperation Act: An act to provide for interlocal public agency agreements; to provide standards for those agreements and for the filing and status of those agreements; to permit the allocation of certain taxes or money received from tax increment financing plans as revenues; to permit tax sharing; to provide for the imposition of certain surcharges; to provide for additional approval for those agreements; and to prescribe penalties and provide remedies.
  • Governance of Michigan TrailsA presentation that explores different trail management & operation options.
  • Interlocal Agreement Example: An interlocal agreement example for reference.
  • Natural Resources and Environmental Protection Act: Discusses the liability of a landowner, tenant, or leesee for injuries to persons on property for the use of outdoor recreation or trail use.
  • Rail Trail Liability Issues Risk Assessment: Ownership of a recreational trail, whether by a governmental entity or a non-profit corporation, provides a host of liability considerations.
  • Rail-Trails and Liability: A Primer on trail-related liability issues & risk management techniques.
  • Rails-with-Trails: Lessons Learned: This report has been prepared at the direction of the U.S. Department of Transportation for the purpose of examining safety, design, and liability issues associated with the development of shared use paths and other trails within or adjacent to active railroad and transit rights-of-way.
  • Safety & Responsibility Code for Paddlers: The American Canoe Association_s Safety & Responsibility Code for Paddlers.
  • Stew’s Bike Rules: Includes Ten Rules of a Shared-Use Path.
  • Who Actually Owns the Right-of-Way?: Although the general public thinks of a corridor as being owned by a railroad, in reality the average rail right-of-way is a hodgepodge of different legal entities that do not come unraveled until abandonment. In general, the railroad will own some portions of the corridor outright (in fee simple) while it will only have restricted use of other portions (easements).