Who is liable if someone is hurt while using the trail within the easement through my property?

California Government Code § 831.4 (2017) provides for broad and absolute immunity to public entities for liability for injuries caused by a physical defect of a trail used for hiking, riding or access to recreational or scenic areas. The immunity applies to the public entity and the grantor of the easement. For the Electric Greenway Trail, the grantor of the easement is the private property owner. Thereof the landowner is protected if the conditions of 831.4 are satisfied: 

CA Govt Code § 831.4 (2017) - A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by a condition of:

(a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding, including animal and all types of vehicular riding, water sports, recreational or scenic areas and which is not a (1) city street or highway or (2) county, state or federal highway or (3) public street or highway of a joint highway district, boulevard district, bridge and highway district or similar district formed for the improvement or building of public streets or highways.

(b) Any trail used for the above purposes.

(c) Any paved trail, walkway, path, or sidewalk on an easement of way which has been granted to a public entity, which easement provides access to any unimproved property, so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of any condition of the paved trail, walkway, path, or sidewalk which constitutes a hazard to health or safety. Warnings required by this subdivision shall only be required where pathways are paved, and such requirement shall not be construed to be a standard of care for any unpaved pathways or roads.

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1. What is the Arcade-Cripple Creek Trail Project?
2. What is the history of the Arcade-Cripple Creek Trail Project and how did it come about?
3. How does the Arcade-Cripple Creek Trail fit into the regional trail system? Why is the trail ending at Wachtel Way?
4. How will the trail cross Fair Oaks Boulevard? Will a signal be installed?
5. How will use of the existing easement affect my property taxes and my property value?
6. What is an easement? How are you able to install the trail on private property?
7. Who will be responsible for trail maintenance? How will it be maintained? Is the property owner required to maintain the easement now?
8. How does the use of easement affect my ability to keep small farm animals on my property? What about other uses that have minimum lot size requirements?
9. Is the City going to move the fences to the location of the easement? If the trail is only 14' wide, will the city take the whole easement or just what is needed?
10. Who is responsible to install and maintain fencing along the easement? What liability do property owners’ have regarding the fencing?
11. Will the grant pay for neighbor fencing and visual landscape barriers? What type/kind and how tall will it be? How will they be maintained? Will the project pay to replace existing fencing?
12. Who will be responsible to repair fencing if it is vandalized or damaged between my property and the easement?
13. Who is liable if someone is hurt while using the trail within the easement through my property?
14. Will I have to change my insurance on my property to cover this new use?
15. I currently have access to the rear of my property through the easement. Will this change? Will I be able to continue to use the trail as an exit for my RV, deliveries, etc.?
16. Why do you want to go on people's property when you can just use the street? Why can’t the bike path just go along existing streets and not impact properties?
17. This project will create an "alley" behind our house that is much longer than a City block. Is this legal? The length between access points creates a safety issue.
18. I heard there was a lawsuit from the 1980s related to easements that are included as part of this project. What was that about?
19. How does easement law pertain to our properties? What liability do property owners have through the easement?
20. How will the trail installation affect drainage on the adjacent properties?
21. Where will people park to access trails at Wachtel and Villa Oak?
22. What will be the width of each of the facilities through the easement (equestrian, bicycle, pedestrian)? What material will be provided for equestrian use?
23. Where can we find a copy of the Creek Corridor Trail Feasibility Study document?
24. Who will be responsible for dog waste pickup?
25. What % of the overall funding is coming from the City's general fund?
26. How many trees are being removed along the trail route?
27. What about the oak trees? Are you protecting them or taking them out? What if there are some trees we would like to remove?
28. What security measures will be installed?
29. Why not use this money to fix city roads?
30. What is the project timeline and next steps?
31. Will the trail be able to handle emergency vehicles but be blocked by bollards to keep cars out?
32. Will this be patrolled by police?
33. Is this trail being installed no matter what?
34. Will lighting be installed along the trail? Will lighting within the parks be improved? Will it turn off at a certain time? Will trail lighting spill into my backyard and house?
35. It seems like this trail will encourage homeless to use the trail. How will the City address this issue?
36. Why is a new bridge required in Sundance Natural Area?
37. Is rock slope protection needed in Arcade Creek at Sundance Natural Area? Why?
38. Will the trail be open 24/7?
39. Why is a signal going to be installed at Fair Oaks Blvd? This will just increase traffic on that road and there is already too much traffic.
40. Have additional questions?