DeCaLiBron Closed to public access?

[yardman]

It is important for people to understand several things:

1) The Decalibron Loop cannot be climbed without crossing private land. Please do not even try to violate the closure. That will only annoy the landowner and potentially jeopardize long-term access to the area.
2) There are discussions going on behind the scenes between the landowner, Forest Service, Colorado Fourteeners Initiative and other conservation groups that may lead to beneficial long-term public access. Wish I could say more on this...
3) It is our understanding that the closure will be of a limited duration.
4) For those unfamiliar with the situation, access was closed to these peaks in the mid-2000s. When they were conditionally reopened in 2009, it came after CFI did significant re-routing of the loop, additional private land signage and was always subject to the landowner having the ability to close it down again in the future.

Takeaway message: COMPLY WITH THE CLOSURE. Take a deep breath. Access likely will be affected temporarily. Failing to comply with the closure may jeopardize long-term access for everyone.

Also, CFI and other conservation partners are working on access to two other private 14ers: Sherman and Lindsey. There are about 10% of the 14ers that could see use restrictions and/or change in access if things go bad, but that might be acquired/brought into public ownership or access easements obtained that would provide legal public access. Much will depend upon how people handle what should be a temporary closure that, I believe, is part of a legal defense strategy.

As to the Nelson v AFA case that some have cited, the principal issue there was that the AFA knew of the public use, knew of the damage to the trail, and did not in any way post any warning of inherent hazards that would have afforded legal protection under the Colorado Recreational Use Statute. CFI has posted such signs on the lands we own atop Shavano that provide this legal protection. We have offered to help other private landowners in this regard, but have not had any takers yet.

As Bill notes, we had so much fun with this stuff back in the mid-2000s. Lots in play at the moment.

Lloyd Athearn, Executive Director, CFI

[yardman]

A while ago it was decided that the town of Alma would lease the land from the owners, but I don't know what ever happened to that.

The town Is still leasing it - however the theory was that their governmental immunity protected them from a lawsuit. A recent lawsuit in CO Springs against the Air Force Academy resulted in a $7 million payout because of a bike accident on a trail that had washed out, and the owners didn't put up a sign or fence. So that kinda demonstrated that the governmental protection was inadequate.

So what happens when CDOT or a local Road and Bridge department doesn't fix a pot hole on say US 6 through town and someone falls on their bike? Close all roads to bikes everywhere? I feel bad the guy had a serious injury, but that's the risk you take. Ski areas have a very ski-area-generous set of laws protecting them. Hit a tree? Your fault. Hit a lift tower? Your fault. Unmarked rock on a trail? Too bad, your fault. The basic gist of it is that skiing has inherent risks and you should know that, not the ski areas' responsibilities to mark everything. Should be the same for hiking, biking and any other pursuit. Washed out trails are an inherent risk.

The issue with the case fundamentally comes down to the failure of the AFA to have a sign when the unofficial, but widely used trail entered onto their private property saying that users do so at their own risk due to known and unknown potential hazards. The landowner did not follow the law, which is why they got sued and lost when they tried to cite the Colorado Recreational Use Statute, but had not followed all of the simple requirements.

[Alpinefroggy]

Thanks Lloyd. Too bad I missed them early April this year but I’ll obey whatever and shrink my list of what I’ll do.

I am part of the cmc and they are working with CFI among other groups so I will be representative of the effort snd not do a damn thing except hime other peaks.

[Trotter]

Pretty good summary of the situation from a story dated last December:

https://www.alexmderr.com/mount-bross-is-closed/

Also the entire liability thing in this litigious country is disgusting and is a god damn joke. The article made note of a case where some guy "won" $7.3 mil because he crashed his bike on a trail that didn't have warning signs that something bad might happen if you crash your bike. Sickening.

Yeah I should sue someone when I tripped on Mt Antero and tore my labrum. I want 7.3 million dollars too!


Sidenote, Bill may want to put a note about the closure on the route page. Come May, there will be about 200 people a day driving up there.

[greenonion]

sign.jpg

Cameron is still a go!

Could not be umm... happier

[Scott P]

Have the owners take off the top 173 feet of Bross then no one will care. It will be climbed only by a fraction of people.

It's all 14ers in the group, not just Bross.

[justiner]

Can we start a rumor that this is all because of Todd Hoffman wanting to make a comeback on Gold Rush? *hard hat clink*

[Scott P]

1) The Decalibron Loop cannot be climbed without crossing private land. Please do not even try to violate the closure. That will only annoy the landowner and potentially jeopardize long-term access to the area.

All the summits are on private land, but you can get dang close to the summits of Democrat and Bross without touching private land.

Anyway, I wish the CFI luck.

[Ptglhs]

Takeaway message: COMPLY WITH THE CLOSURE. Take a deep breath. Access likely will be affected temporarily. Failing to comply with the closure may jeopardize long-term access for everyone.

Do whatever the people with money say because they'll be annoyed if we don't. Great message.

The willingness of people to meekly submit to gross inequality, inequity, and iniquity constantly baffles me.

I'll take some solace with the fact that unless buy in from local and/or federal agencies is obtained this likely isn't enforceable.

[Chicago Transplant]

The town Is still leasing it - however the theory was that their governmental immunity protected them from a lawsuit. A recent lawsuit in CO Springs against the Air Force Academy resulted in a $7 million payout because of a bike accident on a trail that had washed out, and the owners didn't put up a sign or fence. So that kinda demonstrated that the governmental protection was inadequate.

So what happens when CDOT or a local Road and Bridge department doesn't fix a pot hole on say US 6 through town and someone falls on their bike? Close all roads to bikes everywhere? I feel bad the guy had a serious injury, but that's the risk you take. Ski areas have a very ski-area-generous set of laws protecting them. Hit a tree? Your fault. Hit a lift tower? Your fault. Unmarked rock on a trail? Too bad, your fault. The basic gist of it is that skiing has inherent risks and you should know that, not the ski areas' responsibilities to mark everything. Should be the same for hiking, biking and any other pursuit. Washed out trails are an inherent risk.

The issue with the case fundamentally comes down to the failure of the AFA to have a sign when the unofficial, but widely used trail entered onto their private property saying that users do so at their own risk due to known and unknown potential hazards. The landowner did not follow the law, which is why they got sued and lost when they tried to cite the Colorado Recreational Use Statute, but had not followed all of the simple requirements.

I didn't think such signage was necessary under the law? Seems Kite Lake can be simply fixed by replacing the "Closed as of May 1" sign with one that say "Use is at your own risk, known and unknown hazards may exist"?

[Scott P]

I also wonder why it seems to be just these three which seem to have the problem? Except for 100 yards or so the entire route up Sherman is private as is most of the mountian. It doesn't seem that anyone cares though? Yet at least.

The summit of Lindsey is also private. So is the Angel of Shavano.

[Harrison1991]

What about mt Buckskin?