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Old Yesterday, 11:27 AM
 
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@dontaskway - the deeded land is City-owned. It was taken by eminent domain and the phrase "passive recreation only" is stipulated in the deed.<br>
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Old Yesterday, 11:31 AM
 
Location: Ocala, FL
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In that case, you need to discuss this with your local city government body to define allowable usage. Thanks for clarifying.
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Old Yesterday, 11:33 AM
 
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@dontaskwhy - thanks. I'll give the City a call, but this deed has been neglected by them over the years and I'm not sure I'd trust there interpretation of it.
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Old Yesterday, 11:35 AM
 
Location: Ocala, FL
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Fair enough, but never assume until verifying. We all know the old saying........

If you call the wrong department, they should be able to either forward the call or provide the correct phone #. I do hope this is helpful.

As a former Realtor, I did a lot of work with my local city/county zoning departments over the years and just trying to point you in the right direction.

Last edited by dontaskwhy; Yesterday at 11:45 AM..
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Old Yesterday, 11:41 AM
 
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That's great. Thank you. I'll get things started in that direction. Much appreciated!
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Old Yesterday, 12:21 PM
 
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Quote:
Originally Posted by Skipper_at_helm View Post
That's great. Thank you. I'll get things started in that direction. Much appreciated!

I think you need to expect that if you disagree with the city's interpretation of whether the use the property is legal or not you will need to go to court to get a ruling on the use or get the intended use to be upheld. In other words only a lawyer who is licensed in the state and knows the local law will be able to help you.
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Old Yesterday, 01:43 PM
 
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Thanks Mid Valley Dad. I appreciate the heads up. I wouldn't be surprised if it goes in this direction. I'll keep this in mind moving forward. Thank you!
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Old Yesterday, 02:57 PM
 
Location: on the wind
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Quote:
Originally Posted by Skipper_at_helm View Post
@dontaskway - the deeded land is City-owned. It was taken by eminent domain and the phrase "passive recreation only" is stipulated in the deed.<br>
I agree with others that interpretation is just that: interpretation. If the deed language is vague, it may require a court challenge in order to clarify it. Having spent a lot of my professional time dealing with the fallout caused by intentionally vague (or short-sighted) land designation verbiage this does happen. The entity that originally laid the land aside didn't forsee what future desires people might have regarding that land, or how future officials might interpret that language.

One other thought: is there a clause anywhere else in the deed language that does in fact allow other types of recreation (such as an organized event) to occur as long as they submit an application and obtain a permit? On the surface it appears as though some activity is prohibited, but in fact it isn't. It just can't occur until after a proposal is reviewed and a permit written that puts some sideboards in place. You might have to dig for it if there is deed language that turns over administration of the land to some managing body like the city.

Last edited by Parnassia; Yesterday at 04:04 PM..
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Old Yesterday, 03:38 PM
 
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Here's a couple of links that discuss the issue:

From the EPA https://semspub.epa.gov/work/11/174083.pdf

From a mountain biking organization Understanding Active & Passive Recreational Uses – Part 1 - City MTB
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Old Yesterday, 04:35 PM
 
3,188 posts, read 6,341,258 times
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Quote:
Originally Posted by WRM20 View Post
Here's a couple of links that discuss the issue:

From the EPA https://semspub.epa.gov/work/11/174083.pdf

From a mountain biking organization Understanding Active & Passive Recreational Uses – Part 1 - City MTB

Beat me to it. The first one looks like an official definition, at least as far as the US government is concerned.

I was interested to see that hunting is considered passive recreation. Maybe because the huntees are passive at the end of the process.
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