Legal Question in Civil Litigation in Idaho

Public fencing liability

What is the legal responsibilty of a public city park and green belt concerning the fencing on the walkway and park areas when homeowners backyards are closer than 8 feet from the public walking area. The homeowners are well established before the developement of the park area and feel the park has encroached on their rights without a fence to keep the public aware of boundaries.


Asked on 10/27/02, 12:55 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Public fencing liability

The city has no such responsibility unless there is an attractive nuisance that could lure young children to their injury or death. I don't know what danger to your kids there would be from a walking path behind your house.

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Answered on 10/29/02, 1:26 pm


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