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Discussion Starter #1
So, last night a few of us at work got into a debate over something I brought up and I'm wanting some actual LEO input on the subject. I brought up a dream/wish list sort of item last night of the "what would I want to do if I were rich" type conversations. I told the guys at break that I would love to go to all these farmers properties between where I live and the nearest larger town and buy up a portion of they're properties in order to build my own personal road on which to be able to drive as fast as I wanted to town, and in as much of a straight line as possible.

The debate was that I would be subject to regular highway traffic laws/restrictions on my own private road and if an officer saw me going let's say 100MPH on this road he could cite me. Now, keep in mind if I were to build my own road it wouldn't be near any other road just for the simple fact I would not want anybody deciding that they just want to detour and take my road, secondly I would have it fenced/gated off to public use anyways. My main argument/mindset is that it's my private property, and not a public use road, but a private use road so there should not be any form of "Speed Limit restrictions" on this road. The other peoples arguement was that even though I would have paid for the road to be built for myself it would still be considered a state/goverment property and fall under they're rules and regulations. To me if that were the case every racetrack out there should have the potential for a police officer to arrest every single person for speeding/careless driving/etc...

I know it's a pointless debate because I'll never have the money to do it....ever....but, it's just got my curiosity as far as how would the law fall into it.
 

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I'm not a LEO but I can tell you that you can not get a speeding ticket in a parking lot because it is private property, however they can get you for reckless driving. In my opinion since this would be your private property and there is no commerce going on there with other citizens in harms way, then you could drive anyway you want on it.
 

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where's my airbrush??
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In ks you cant be cited for anything on private property (traffic violations anyways) unless the owner complains.
 

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I'm a retired LEO. In my opinion, for what it's worth and strictly speaking in the hypothetical... you can drive as fast as and in whatever manner you want. It's not a designated public highway, neither built nor maintained by a public entity AND it is closed to public access.. I can't see how any traffic laws could be enforced. The difference between this "road" and a parking lot is access... the public has freedom of access to a parking lot, so... in some limited cases, traffic laws do apply.


Now for the reality check...

That being said, you as the owner of the "road" would be civilly liable for any injuries or deaths sustained, by anyone, at any time, whether they had permission to be on the roadway or not. Some plaintiff's attorney will claim the road is an "attractive nuisance" and as such, you're to be held to the same standards as the state or municipality. Not saying it's right, but that's what'll happen when, not if, some donkey cuts the locks and starts drivin' like a moron, killing himself and/or 5 other, "innocent" victims.

In the real world... it'll never happen. You'd NEVER obtain the permits to build such a road. The local government would, without a doubt, deny the issuance of the needed permits... claiming such a road is, in reality, a closed circuit race course and a violation of zoning ordinances. And that's just for starters...
 

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Discussion Starter #6
Thanks Waldo, I was waiting for your input on this....This was obviously a hypothetical situation since I could never afford to build a 40mile road in the first place :D But, it's just one of those conversations/debates you come across that makes you sit back and wonder. Plus, it doesn't help that I knew I was right, and wanted some backup on it :D I'd hafta admit that it'd be pretty badass though if you were able to do it.
 

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where's my airbrush??
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yeah, the attractive nuisance part sucks. Someone breaks into your back yard, goes for a swim and drowns in your pool, and your held liable. Thief falls off your roof trying to break into your house, your held liable. SMDH......

sounds like a fun road to build though lol
 

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CMOM FOR DEC 08
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Maybe IF we all chip in......




Then there is always THIS GUY.....
Is this YOU Waldo??? ~LOL~
 

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I always hate to be the "kill-joy", the "buzz kill"... the "fly in the ointment", it's just that I've spent enough time around gubmint types, to know how they think. No one rises to the decision making levels, who has even an ounce of the "fun gene" in their bloodstream.
 
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