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by shereadsthenews 2548 days ago
Article doesn't indicate the road is private. How do you know?

As a backcountry motorcyclist I'm accustomed to coming upon roads that are "private" because some rancher decided to hang a sign but in reality it's a public right-of-way. Also as a backcountry motorcyclist I'm smart enough to not drive a Prius down a mud trail. Not sure what is wrong with people today. We have more information than ever, we should be making better decisions than ever, but the truth is the opposite.

5 comments

Be careful ignoring those "private" signs though. I ignored such a sign in south Texas, took a dirt road (in a 4x4) that was mapped as a public road (both on paper and Google), only to have a rifle shot cross my path about 5 minutes later.

Ended up having a fairly civil conversation with the "owner" before turning around, but he was adamant that I was on private property and would not be allowed to continue.

That sounds extreme, but does indeed play into the stereotype of a Texas rancher. I'm in Canada, and if you shoot someone on your land who's not threatening you with a weapon - chances are you will go to jail because it's not reasonable force.
It is certainly a bit extreme. To be fair, it was clearly a warning shot fired a "safe" distance ahead of me. Most of the folks I've met in rural Texas aren't itching to shoot anyone and everyone, but they do value privacy to an extreme and will go to great lengths to protect what is (in their mind) theirs.
Curious whether the owner thought that shooting across car hoods was going to get Google to stop routing cars across his land.

Did the owner know it was Google's "influence" causing people to trespass? If so had the owner informed Google?

Google didn't actually route me down this road. I initially found it on a paper map, and I confirmed it's continued existence/public status via Google Maps as my paper map was a few years old.

It was ~15 miles shorter than the highway route, but I can't imagine its actually a shorter travel time in anything short of a very well equipped 4x4. I just happen to like dirt roads.

I also did not press him for details, so I don't know if this was a recurring issue or not.

Does it matter? Ultimately, where the vehicle goes is the driver's responsibility.
In Texas the castle doctrine is very much alive. As was stated most folks are very nice but it is within their right to stop that one trespassing driver from ever driving again.

Not sure they care about Googles influence at all.

It is not within the rights of Texans or Americans anywhere to shoot people on sight merely because they're on their property.

Edited to include the relevant laws:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm#D

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm#C

From this source:

https://guides.sll.texas.gov/gun-laws/stand-your-ground

Texas Penal code specifically uses the term "habitation", not "property" when discussing the use of deadly force. If some jackass is shooting at strangers who wandered onto his property, he's committing a felony.

See Texas Penal Code §9.31 (castle doctrine as it relates to trespass and non-deadly force) and §9.32 (castle doctrine as it relates to habitation and deadly force).

The castle doctrine does apply to living areas. True.

There are other codes however allowing for the use of deadly force

is also justified in using deadly force if: (1) he reasonably believes that it is necessary to use force to prevent or terminate the trespass; and (2) he reasonably believes deadly force is necessary to prevent the trespasser from committing certain crimes, such as arson, burglary, or robbery.

Just stating a word of caution. Life is different than the city and laws vary but landowners have significant rights.

In the West most "ranchers" are just running herds on BLM leases. It is not "their property" by any definition. By contrast virtually all ranches in Texas are on private holdings.
That it's considered acceptable in Texas (and much of the west) to leap straight to "there's somebody on my property; if I don't shoot'em, I'm a dead man" is bonkers to me.
Are you a lawyer? I wouldn't advise anyone to shoot at people who are not threatening.
"We have more information than ever"

IMO that's the issue. People get so overly confident that the source of that information is never wrong so they blindly trust it. It's if the more info someone has the less critical thinking they will do.

it was in another article. "Local sources say the road is not owned by Denver or Aurora but is actually private property, though they are unsure if it's open to the public." https://abc7ny.com/travel/dozen-of-drivers-get-stuck-after-b...
A front wheel drive car at speed is actually pretty decent on a lot of terrain that I think you'd be hesitant about on your motorcycle - loose sand, mud, etc. The problem is when it stops and settles in, it's done moving on its own.
It is mentioned in the video