Your RIGHT to boondock (Wallydock)

[Dan McMartin]

I could be wrong but I read that "right" as not pertaining to your right to park on a private businesses property without their permission but the RVer's right and the property owners to associate as they see fit without the local city council or county commission interfering, usually on the behalf of RV parks or hotels to eliminate competition.

In the USA, you do have a right to free association. It's in the 1st Amendment and government ought not be telling folks what to do with or on their own property as long as it doesn't interfere with the rights of others. Wal-Mart, or any other business, has every right to allow RV's to park overnight on their property and we have every right to do so if invited. The RV park or hotel down the street has no right to our business and no right to tell another business what they can and can't do on their own property.

Cities and counties might have the authority to control zoning but when they start controlling parking on private land for the benefit of other constituents, they go too far.

[ThePowells]

Originally Posted by BirchyBoy

I’m guessing by the emoji at the bottom that this is a sarcastic post. Good guidelines but nothing that gives anyone rights above the property owner.

Hey, somebody actually gets it

[rbpower]

the key is #2

[Rvlegaleagle]

In reading some of these posts there is an apparent misunderstanding between parking on private property and the authority of the government to regulate it.

Rule 1, if the private property owner says NO....end of story. So don’t worry about someone just pulling up on your property to stay for the night

Rule 2, if the private property owner (Walmart or anyone else) says YES can the local government by law legally say NO? Very interesting Constitutional law question

Rule 3, unless the United States Supreme Court someday rules on the issue we won’t know and will have to rely upon each states’ highest appellate Court’s decision for the answer. This means it will depend on what state you are in.

Like the issue of the Constitutionality of red light cameras (a form of Citizen surveillance) and other sorts of governmental powers attempting to regulate ($$$) the use of private property, only the United States Supreme Court can finally resolve the issue one way or another.

And the only way for that to even happen is for someone to appeal the issue all the way to the Supreme Court ($$$$$$) and then for the Court to grant a “Petition for Certiorari” and decide it. Don’t hold your breath

[Dan McMartin]

Agree. To clarify, my response was theoretical. Reality is cities and counties do regulate parking on private property and can cite you or the business for violating said regulations.

Whether you have the right to freely associate is irrelevant. That right, if it exists, is not recognized in some jurisdictions. Park in violation of local laws at your own risk.

As for Escapees code, I think they speak to the right of RVers to park on private land where it's allowed and where they're invited. I don't think the term 'right' is used in the larger, Constitutional sense. The document is just laying out guidelines that might keep more cities, counties and businesses from pulling the welcome mat from under our feet for acting like ill-mannered guests.

[ThePowells]

Eagle,

Remember, any law is legal and constitutional until it is challenged in court.

Even once upon a time a time a sitting president signed a bill into law and stated he felt it was unconstitutional but would let it get challenged in court.

[Rvlegaleagle]

Hi Dan (enjoy your youtube channel)

You are right.....“the right to freely associate” is a First Amendment issue that has NOTHING to do with the issue of parking on private property with the owner’s consent, even parking on your own property.

These rights stem from and involve the Ninth Amendment, 5th and 14th Amendments and concerns “substantive” (right of the government to make such laws in the first instance) as opposed to “procedural” due process rights which pertain to the “process” of governmental interfering with those rights, ie., proper notice and the opportunity to be heard.

Viewed in a different context, do these local laws regulating the use of private property amount to a governmental “taking” of private property by limiting its use? Then you get into the issue of “commercial” versus “non-commercial” vehicles. Exactly what is a RV legally? It may depend again on what state you are in.

Then you have a different issue concerning the government’s authority to regulate the use of “public” property by way of parking regulations. This may involve and impinge on our Constitutional right to travel freely. Often you may see a “limit” on how long you may park, over night, 12 hours, 24 hours, 48 hours, etc so that the parking regulation does not unconstitutionally impair your right to travel.

All of these issues are very interesting and again will vary by locality. The only way to establish and define these issues nationally will be for the Supreme Court to say so and for people to challenge the law. Much less expensive and easier to just pay the fine or not park there. And so it goes....Our Founding Fathers (and all our soldiers who thought they were fighting for something) are looking down shaking their heads in dismay

[Rvlegaleagle]

Originally Posted by ThePowells

Eagle,

Remember, any law is legal and constitutional until it is challenged in court.

Even once upon a time a time a sitting president signed a bill into law and stated he felt it was unconstitutional but would let it get challenged in court.

And there you go....not sure which President you are talking about but that is a disgrace if he really believed it to be unconstitutional and signed it anyway. What a putz

Sounds like an insurance company that just denies EVERY claim knowing the stats are such that 50% will just accept it and move on, the other 50% will write a few times then give up and only 25% will challenge it, with 75% of them settling before any decision is made on the legal validity of their claim and most of the rest getting a decision in their favor

Which one are you?

[MVP]

This post is frustrating. I don’t care where you park. You need to obtain permission or a permit. Unless of course you’re in a state where boon-docking is allowed on state property.

Pretty basic.

The Boy Scout rule should always apply no matter what. “Leave it better than you found it “

[LETMGROW]

If a real RV'r drove by my place seeing my RV in the driveway and stopped in and asked if they could park for the night I would welcome them. However if some scumbag freeloader pulled in I would politely ask them to leave. Well, maybe not politely. I have an uncanny way of sorting people out having worked with customers nearly all my working years. I have all the means to get them to move out if they aren't willing to do so.
I also have a very good attorney if I need him. I would challenge any law that said I HAVE to allow someone to squat on the property I have owned for years, paid taxes on and have kept up for my use. I live in the Country with 200 acres of land my whole family enjoys. Hunting, fishing, snowmobiling, ATVing and whatever we want to do. We even have a small camper parked on our hill the grandchildren call their camp. We have a campfire site etc. so we can spend any night we want sitting around the campfire and the kids can play to their heart's content. Close to home but seemingly miles away.
In the winter we have a 600' snow drag strip groomed for practice and timed runs for tuning our race sleds. We have fellow racers come over ( by invitation only)
I will share but it's my decision of who I will share with.
I have to go. Time to put my clothes on and head for my deer blind. Alone.
Lynn

[al1florida]

As a member of Escapees RV Club I am attempting to have Escapees change the wording in the referenced document to change the word "right" to "privilege".

We don't have the "right" to park on someone's private property. Overnight parking is a privilege that property owners may extend to RV'ers.

NOTE: The referenced document is truly intended to give guidance to what is considered to be a reasonable way to park on private property such as in Walmart's parking lot. It was never intended to imply we have a "right" to park there.

[bruceisla]

Try this version which describes the Privilege of Overnight Parking (scroll down to Download):


https://www.escapees.com/support/par...rnight-parking

[FirstTracks]

Originally Posted by Rvlegaleagle

Sounds like an insurance company that just denies EVERY claim knowing the stats are such that 50% will just accept it and move on, the other 50% will write a few times then give up and only 25% will challenge it, with 75% of them settling before any decision is made on the legal validity of their claim and most of the rest getting a decision in their favor

...which simply does not happen at all anywhere. Such behavior would be an indisputable violation of each and every state's Unfair Claims Settlement Practices Act. Any state insurance department would run that company out of Dodge post haste.

[wa8yxm]

Alas there is only one place you have a right to park, and this applies juist to you not to your RV or other vehicle.

Your behind, in a jail cell.

I strongly recommend NOT invoking that right.

I read the letter, I thought it was very clear,, Ask for permission, obey all rules and regulations and so on.