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Old 04-26-2008, 02:53 AM   #21
Tuchov
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Why oh why don't our schools teach critical thinking....
Because we're too busy determining whether or not to teach evolution or to teach creationism.
I'm not threadjacking, just being a smartass
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Old 04-27-2008, 10:34 PM   #22
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So, Timetohike, how did your lawsuit against the state for Article XIV violations go, in regards to the Tupper Lake power line? I'm dying to know. I didn't see anything in the Adirondack Explorer.
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Old 04-28-2008, 07:59 AM   #23
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So, Timetohike, how did your lawsuit against the state for Article XIV violations go, in regards to the Tupper Lake power line? I'm dying to know. I didn't see anything in the Adirondack Explorer.
First, just because it has the word "Adirondack" before it doesn't mean it is a source of information for legal matters involving the Adirondack Park. When you are looking for information about recently filed cases you need to check the appropriate county clerk's office or the docket files of the appropriate Appellate Division.

The lawsuit (technically it is a "proceeding" under the CPLR) is still in its development stage. I have a FOIL pending to obtain evidentiary material and some research to complete before my strategy can be solidified. And I’m waiting to hear from other groups who are considering similar action.

Do you need the electricity this line will supply? Maybe you should invest in a generator.

When a friend was the NYS Attorney General his office rendered an opinion that will have a significant impact on the lawsuit. In summary, the opinion concluded that the DEC could issue temporary emergency permits for tree removal and construction in the forest preserve for the reasonable use and enjoyment off the park by the public without violating Article XIV.

But the opinion concluded that any temporary permit that actually had the effect of a being a permanent transfer of property interest would be in violation of Article XIV. Thus, a temporary permit to erect power lines was determined to be in violation of Article XIV because the power lines would effectuate a permanent rather than temporary transfer of property. The AG stated that calling something "temporary" does not make it so. Instead, the nature of the transfer must be examined.

I expect the DEC to argue that the transfer is in fact “temporary” because it would only last until the public vote on the amendment of Article XIV, and would be removed if not so approved. I was in the courtroom many years ago when an equivalent legal argument was made by SU in the course of constructing the dome. They were supposed to wait for completion of an EIS before digging the hole. The court was not impressed with their contrived “but it’s only temporary” argument.

I'll let you know from time to time the progress so that you can expand the universe of your knowledge beyond the Adirondack Explorer
 
Old 04-28-2008, 08:48 AM   #24
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That's what I thought.

Thanks for proving my suspicion about you.
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Old 04-28-2008, 08:57 AM   #25
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I just found this thread,I had commented on how ugly the new right of way is,now I still don't understand why they had to make such a scar that is so visible to the highway.
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Old 04-28-2008, 06:37 PM   #26
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Good point about the manipulable jpgs.

I'm wondering how you would get the DNA sample. ( lot's of possible speculation unfit for this forum)

The day I place someone under citizens arrest while I'm out hiking will be a day to remember for sure.

Can a Canadian place an American under citizen's arrest on US soil?

Can a Canadian place an American under citizen's arrest on an internet forum?
Actually YES!!!

You do not have to be a citizen to place someone under citizens arrest. Citizen is simply the terminology for a non law enforcement civilian. Although, the ability to place someone under citizens arrest varies by state so I would check NY, VT and NH (places canadians are likely to be regular visitors on this forum) before doing any such arresting. Personally, I plan to start carrying cuffs. No more messing around, you toss a power bar wrapper or cigarette, I'm cuffing you and securing the evidence!!!

Cigarettes are great for DNA too!!
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Old 04-28-2008, 06:58 PM   #27
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It is a rule that I have broken myself (but I've searched my postings on here to eliminate the evidence, the only pic left is before the rule wnet into effect)

As reported by Adirondac Magazine:

What the ranger who writes more tickets than any other in the High Peaks has had the most trouble with is the leash law. "That's the only regulation that some people have rebelled against," Giglento says. There are those who feel an essential element of their wilderness hiking experience is to let the pup run free. That's great for them, but not necessarily for other hikers. Even the most placid dog can become unpredictable around a lot of other people in unmarked territory. Dog fights, dog bites, lost dogs, and dogs without owners have become a constant headache for the rangers and a safety issue on the trails. "I think they should just ban dogs, period," states the occasionally provocative Fish. "They're too much trouble."
Actually someone recently clarified that the leash law STILL states that if the handlers safety is in jeopardy that the dog can be unleashed. Most trails in the mountains make it genuinely unsafe to leash a dog. When the dog is leashed you and the dog have to walk in perfect harmony unless you have a 50 meter leash. As amazing as I find my dog and myself to be, is just not that easy. And I give kudos to anyone that can safely hike up a steep rocky slick adirondack trail with a dog on leash for several miles and not risk injury to the dynamic duo.

It's scare tactics and poor information that led me to believe this had changed and that dogs were required to be leashed 110% of the time in the HPW. In the other parts of the park (i'm sure with some exceptions) the dog does not have to be leashed but must be under verbal command. Again makes sense.

Redhawk raised a great point some time ago, what about an electronic leash? Does that qualify? And someone else raised a valid point, pack animals are still allowed on most trails, if the dog is carrying a pack, filled with supplies is he not a pack animal? The law doesn't specifically state what animals are classified as pack animals.

As far as lost dogs, people get lost, do we leash them? And bites, well the owner is responsible financially for a rogue dog. They should have insurance and enough common sense to not bring a dog that shows a nature to biting on the trail. Granted, a dog could hike for 10 years passing 1000s of people and never once nip, 5429th person they pass could trigger something that causes them to bite. But then tomorrow I could lose another screw and take a pole to someones head because they took the campsite I had planned on for the last 3 months. People snap, so do dogs, it happens. Such is life.

Anyway, I find it interesting the Boulder Colorado has almost no leash laws and some how people and dogs live in harmony. Only in NY and the over populated northeast do we have this ridiculous fear of unleashed domesticated dogs. I assume this has a large part to do with many of our state laws originating from the population bases of major cities.

And finally, I am curious as to when the last time you saw a dog toss a cigarette butt or power bar wrapper on the trail? How about when the last time was the dog carved his name into a rock or tree? Started a forest fire for squigles? Actually based on my experience the last few years, many dogs have more sense when it comes to voiding on the trail than humans. I've stepped in more people poop than dog poop over the last 5 years. Truly amazing!!!
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Old 04-28-2008, 08:48 PM   #28
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[QUOTE=pico23;95482]Actually someone recently clarified that the leash law STILL states that if the handlers safety is in jeopardy that the dog can be unleashed. Most trails in the mountains make it genuinely unsafe to leash a dog. /QUOTE]

I was the one who posted the blurb from the NYS Register that was published when the leash rule was first proposed. It basically stated that law enforcement officers (rangers included) would have enforcement discretion when it involved situations too dangerous for a dog to be leashed.

The recent dog bite at the Paul Smith's VIC, and last year's bites of a summit steward and a hiker on Algonquin (in separate incidents) are likely to cause a more intense enforcement of the rule this year.

The problem is NOT with responsible dog owners that keep their dogs under control while around other people. The problem is with people who don’t do that. And the complexity of a dog bite incident increases dramatically when the dog owner does not proof of rabies vaccination or runs away after the bite like the incident at the VIC

If I was bitten by a dog that I knew had a rabies vaccination I would dress the wound and if it was minor I'd just carry on with my hike. But if the owner doesn't have proof of the vaccination, or like in the case of the VIC incident, runs away, then I have to seek both medical attention and law enforcement aid.

I have been researching the issue for a while but I have not yet received from the DEC the material needed to confirm what I was told, but I was told that most of the dog leash rule violations are ticketed in the area from the Loj to Marcy Dam and around Lake Colden. There aren't a lot of trails in those areas that would be too dangerous for a dog to be leashed.

All NYS law enforcement agencies are required to file summary enforcement reports for all tickets issued with regard to any laws or regulations under the jurisdiction of the DEC. The reports are supposed to be filed with the DEC Commissioner every 6 months and the underlying detailed information is supposed to be kept for 2 years.

When I asked to see the summary reports I was told that they didn't exist. Apparently the DEC employees who had the reporting regulation adopted never informed the law enforcement division about the reporting requirement. The DEC was going send me the raw data but I have not yet received it.
 
Old 04-28-2008, 08:56 PM   #29
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This thread has nothing to do with maps.
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