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CONTENTS Introduction, 3 Section VII. Public Entities' Immunity Under Recreational Section I. Federal Laws Encouraging the Designation and Use Use Statutes for Bikeways, 28 of Bikeways, 3 A. Overview of Recreational Use Statutes, 28 Section II. Tort Claims Against a Public Entity for Bikeway B. Whether Public Entities Are Owners Under Recreational Use Statutes, 31 Accidents, 4 C. Whether Bikeways Come Within the Meaning of Recreational Use A. Introduction, 4 Statutes, 33 B. Whether a Public Entity Has a Duty to a Bicyclist, 5 D. Immunity When Recreational Use Is Restricted, 38 C. Whether a Public Entity's Alleged Negligence Was the Proximate Cause of the Plaintiff's Claim, 6 Section VIII. Local Law and Policy Regarding the Designation of Bikeways, 38 Section III. Defenses to Bikeway Claims Under State Tort A. Localities' Laws and Policies Regarding Bikeways, 38 Claims Acts and Recreational Use Statutes, 7 B. Types of Bikeways, 39 A. Interplay Between a Tort Claims Act and a Recreational Use Statute in Bikeway-Accident Claims Against Public Entities, 7 C. Responsibility for Designating Bikeways, 40 B. Immunity From Bikeway Claims Under Some Recreational Use D. Design and Maintenance Guidance for Bikeways, 41 Statutes, 8 E. Localities' Reported Litigation Over Bikeway Designations, 42 Section IV. Tort Claims Acts and Tort Liability of Public F. Localities' Reported Tort Liability and Bikeway Accidents, 43 Entities, 9 G. Public Entities' Recommendations for Localities Considering A. State Tort Claims Acts, 9 Bikeways, 43 B. No General Duty to Install or Provide Highway Signs, Signals, or Pavement Markings, 10 Conclusion, 43 C. Whether a Public Entity Had Notice of a Dangerous Condition, 11 Appendix A--Survey Questions, 45 D. The Governmental/Proprietary Test Applicable to Municipal Appendix B--List of Agencies Responding to Survey Corporations in Some States, 12 Questions, 46 Section V. Immunity of Public Entities for the Exercise of Appendix C--State Recreational Use Statutes, 48 Their Discretion, 13 Appendix D--Case/Issue Index, 50 A. The Meaning of the Discretionary Function Exemption, 13 B. The Meaning of the Discretionary Function Exemption in State Tort Claims Acts, 14 C. The Discretionary Function Exemption and Bikeway Claims Against Public Entities, 16 D. Immunity for Negligent Design Based on a Statutory Exemption for Discretionary Activity, 17 E. Application of the Discretionary Exemption to the Maintenance of Bikeways, 20 Section VI. Alleged Negligence of Public Entities That May or May Not Result in Liability for Bikeway Accidents, 21 A. Warning Signs, 21 B. Traffic Control Devices, 22 C. Stop Signs and Speed Limit Signs, 23 D. Pavement Markings, 24 E. Defects in the Pavement Surface, 25 F. Guardrails and Barriers, 25 G. Shoulders and Adjacent Areas, 26 H. Requirement That Bicyclists Be Intended or Permitted Users, 27