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Copper Harbor Trails Club deadline Sept. 1

GRANT TOWNSHIP — On Aug. 18, the Copper Harbor Trails Club was given until Sept. 1 to obtain a general liability insurance policy in order to keep their bike trails in Grant Township.

The Keweenaw County Board of Commissioners and the county’s municipal insurance agent, Mark Hannula, repeated the warning they gave to the CHTC in July, that if they did not increase their general liability insurance limit from $1 million to $5 million, they would have to close the trails. Hannula told Copper Harbor Trails Club Executive Director Nathan Miller that he had until Sept. 1 to present him with a copy of a new insurance policy or the County would force them to close their trails.

The argument between the trails club, Hannula and the board has been ongoing since last fall, with the board instructing the club to increase their insurance to $5 million, which is five times the standard across the United States.

Miller argued that finding a bike club policy for that amount is proving difficult to find. Insurance providers do not offer policies that high, because municipalities do not require it.

At the regular August meeting, Board Chairman Don Piche told Miller that they have been haggling over the topic since last fall and it’s time to “get it done.”

In a telephone interview on Wednesday, Miller said the club did find a policy last Friday that would add $5 million to their current policy, bring the total liability to between $6-7 million. There are other stop-gap protections in place, as well.

“The state statutes passed by the legislature protects landowners from liability cases like this,” said Miller, “So, as long as the visitors are not paying a consideration for being on the property, unless there is gross negligence (on the part of the property owner), they can’t bring a case against that land owner.”

The legislation Miller mentioned is the Natural Resources and Environmental Protection Act (451) of 1994 already grants protections, which states in part:

“Except as otherwise provided in this section, a cause of action does not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling, or any other outdoor recreational use or trail use, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.”

Miller said there is some debate over whether the statute extends to public landowners, something that Hannula with which Hannula has agreed, saying that is the part that is yet unknown.

“Potentially, there is some debate over whether would apply to municipal governments,” Miller said, adding that is not an attorney, but he believes “there are governmental immunity standards out there as well, that they would be equally protected by, so one way or the other, there are levels of protection that state there would have to be proof of gross negligence on the part of the trails club or the land owner that led to the particular injury, before they can bring a case.”

For example, said Miller, if someone riding a bicycle leaves the trail and collides with a tree, there is no gross negligence there on behalf of the trails club or the township or the county.

“That’s just on them,” he said, “for doing that.”

In the meantime Miller said, the insurance proposal the trails club received last Friday is currently under reviewed by the Hunnala, a number of the County Commissioners, and the County Attorney Chuck Miller (no relation between the attorney and the trails club officer). Nathan Miller said the club is waiting to hear from the county representatives.

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