Can anyone help me with a BIG, trail-related problem?
What follows is a form letter that I’ve sent to many, many trail organizations (from the IAT to the CCT). If you or someone you know of has dealt with this, drop me a line!
I am the coordinator for the Moosehead Hikers Club (MHC), a growing group of avid hikers/backpackers in the Moosehead Lake region of Maine. We have submitted a proposal to the area’s largest landowner for a hiking trail that would loop around Moosehead Lake. The landowner has been very receptive to our proposal and is willing to work with us to make it happen.
Recently, we received a draft permit from the landowner which, when signed/agreed to, will allow us to begin actual trail construction. One of the conditions stated within the permit is an obstacle, however, and has caused us to delay.
The landowner requires that we maintain a policy of liability insurance with a minimum limit of one million dollars. We find this problematic for several reasons, the chief one being that State of Maine laws concerning liability are already very much in the favor of all landowners. The one we’re dealing with, while acknowledging the State’s laws, says they fear that the public’s perception is that the landowner has “deep pockets.” Therefore, they refuse to allow us to build the trail on their lands without an insurance policy.
We are looking for assistance to resolve this, so here’s a few questions. In the course of creating or maintaining your own trail, have you dealt with a landowner with a similar stipulation? Were you able to find an alternative solution to the liability policy which the landowner was agreeable with? We would be very appreciative if you could share with us your solutions or other suggestions.
The common response so far . . .
Most of the trail clubs I’ve written to have liability policies in place. This includes the Catamount Trail (a long-distance cross-country ski trail), the California Coastal Trail, and certain chapters of the American Discovery Trail and the North Country Trail.
In some instances, the clubs have the policy not because the landowner insisted on it, but in the event that some hiker tries to sue them. They have found the need to protect themselves more than the actual landowner.
Kineo Kid