$$$ The Little J needs your help $$$$

albud1962

albud1962

Active member
Joined
Dec 3, 2006
Messages
785
LJRA has been keeping the Pemberton Access open for all on the Little J by covering the liability insurance cost for New Enterprise Quarry.
This cost is $5,000 a year. I am reaching out as many of you fish this section and it is in a significant stretch of the Class A water on the river.

Bill has made the following appeal:

After many meetings and discussions with the property owner, New Enterprise Stone and Lime Inc. , it appears that the only way to preserve the public access to this heavily used, nearly 2 mile stretch is to pay $5,000 for the annual lease. The only way we can continue paying this amount (4th year) is with donations from our members and others who value this wonderful wild trout water! Send your donation to LJRA , 326 Hobbit Hollow Road, Altoona,Pa. or go to our website and donate on-line via PayPal. Hope to see you on the river!
Little Juniata River Association is a 501 c3 all volunteer organization. Your donations are likely to be tax deductible.
Bill Anderson - LJRA President.

PA Flyfish members have supported this cause in the past, and with your continued help we can enjoy fishing this water in 2023.

Thanks everyone!
 
I have a question. I live in Berks County and would like to contribute since I fish this stretch fairly often. Since I live in Berks I won't be able to really help with anything LJRA related. So, if I join would my money still go towards the easement or would it be best if I just donate towards the easement itself?
 
This a very important cause for us fly fishing anglers. Please consider supporting the Little Juanita River Association. They help us all with conservation and access to the Little J. I’ll find out more it’s only $50 to join, but even $20 is a nice donation.

I live in Lancaster but would love to join the LJRA even though I won't be able to attend 90% of meetings or activities. Fantastic river and grateful for Bill and the work everyone does.
 
I’m going to see if I can get Bill to jump in and answer some of these questions.
 
Any donation will help LJRA And secure this access.
The organization is working hard to obtain access not only on this section but other stretches of the river too. You could specify your donation is for the pemberton access. This is an annual cost and I don’t foresee New Enterprise changing its legal stance on the liability insurance.
 
+1^
I would encourage people to join or donate regardless of the immediate use of the money. I view this as no more important than actions to clean the river, negotiate access on other sections of the river, just to name a few.
However, you can donate and indicate where you want it spent on the website. If you prefer to send it via snail mail, just add a note.

It is very unlikely PFBC will step in either. There are policies and philosophies within that make them disinterested in stepping in to pay a lease/insurance policy on land. I get their point. PFBC is interested and made overtures to purchase an easement, but NESL was not interested.
 

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I just sent a check $55. The LJRA can use it however. I'm just happy to give back to a great organization. Thanks for the replies!
 
First, financially supporting LJRA is in your own best interest (lifetime member writing this).

That said, why does a landowner require liability insurance to cover an activity which by state law is precluded from suing the landowner for liablilty? See: See: https://conservationtools.org/guides/81 .

Just asking the obvious question.
 
First, financially supporting LJRA is in your own best interest (lifetime member writing this).

That said, why does a landowner require liability insurance to cover an activity which by state law is precluded from suing the landowner for liablilty? See: See: https://conservationtools.org/guides/81 .

Just asking the obvious question.
It sucks, but I honestly don't blame them. The judicial system in this country is a mess. You get the right lawyer or the wrong judge and who knows what the outcome would be.

I know this isn't the same type of situation, but it is an example of what I mean. https://www.wpxi.com/news/local/wes...ool-injury-victim/6QKS7W3GLRFDTF2ELV2LCU4DNQ/
 
And to add, the law doesn't protect them from being sued. They can still be sued. It just says they cannot be held liable for negligence. I am not a lawyer, maybe one here can chime in, but I would guess the word negligence could be twisted and turned a hundred different ways to get around that law.
 
And to add, the law doesn't protect them from being sued. They can still be sued. It just says they cannot be held liable for negligence. I am not a lawyer, maybe one here can chime in, but I would guess the word negligence could be twisted and turned a hundred different ways to get around that law.
That's why big companies like limestone quarries have lawyers on staff, or firms on retainers at least. My relatives run a medical college. Think that isn't fraught with legal peril? It's how you work. The quarry people don't 'know' about the legal release of liability because either they don't want to know or it just doesn't fit in their mind-set.
 
And to add, the law doesn't protect them from being sued. They can still be sued. It just says they cannot be held liable for negligence. I am not a lawyer, maybe one here can chime in, but I would guess the word negligence could be twisted and turned a hundred different ways to get around that law.
AND.... they ARE liable if their land is POSTED!!! THey post, you trespass and break your leg, they pay the medical bill and you might get a citation. $50,000 at least vs. $300.
I think the quarry should listen to the LJRA.
 
First, financially supporting LJRA is in your own best interest (lifetime member writing this).

That said, why does a landowner require liability insurance to cover an activity which by state law is precluded from suing the landowner for liablilty? See: See: https://conservationtools.org/guides/81 .

Just asking the obvious question.
I think the issue is that this is not some random empty woodlot or field. There's a quarry there and the property could be exempt from RULWA if it was decided to be "developed land." No, the strip of land that anglers utilize is not being mined, but it is still part of that property and corporate cannot be certain that operations on the property haven't created a danger to recreational users.
 
remember: it still can be very costly to win a lawsuit. Time consuming too. If anything goes to trial you are at the whim of a jury.
Pennkev raises a good point about that not being an isolated piece of land. Some of the concern from NESL is the proximity of the strip of land to an active quarry operation.
What many do not know is that they own the stretch of land upstream of the Shoenberger bridge too (the area where the timber was removed a few years ago). They never posted that because, we assume, it is far enough away from their active operation.
 
I think we should refrain from making the quarry sound like the bad guy here. They could shut it down completely.
 
New Enterprise also has to deal with MSHA. I don't know all of their rules, I only know they can be a real PITA. I'd guess that plays into it as well. Will be making a donation.
 
Ill gladly donate.

But, I would like to know why the PFBC has not stepped up to help with this, as they know the J is a Blue Ribbon PA river that they are happy to promote, but not help save?
 
Ill gladly donate.

But, I would like to know why the PFBC has not stepped up to help with this, as they know the J is a Blue Ribbon PA river that they are happy to promote, but not help save?
I could be totally wrong, but I seem to remember that the PFBC doesn't do things on annual basis type deals. They only negotiate for permanent easements, and New Enterprise is not interested in a permanent easement.

Again, my memory could be foggy.
 
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