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Motocross controversy needs solving

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Friday, Mar 24, 2006 - 12:43:11 pm CST

Another year, another motocross controversy in rural Lancaster County.

     Pity the poor Lancaster County Board. These are not easy conflicts to resolve.

It’s easy to say there ought to be a law.

It’s not easy to write one that works.

Nonetheless, the County Board should keep working to find a solution.

The latest conflict stems from a motocross track built north of Lincoln near West Branched Oak Road by property owner Pat Thomas.

The dirt track covers at least an acre and features the usual tight turns, hills and bumps. Thomas also runs motocross bikes and ATVs on a path near a creek on his property.

Thomas said he built the track for his family. “We’re out here any time I can,” said family member Larry Iburg. “This is our sport. You have a love for it and a passion for it, and if you have a little boy, that’s all he thinks about.”

Other neighbors — including Gene and Trish Petersen, who live only 200 yards from the track — say the noise of the motorcycles is “unbelievable.”

The Petersens belong to Wachiska Audubon Society. They enjoy wildlife and support it on their acreage by planting food-bearing trees and native grasses.

“This is our dream home,” Trish Petersen said. “We put our blood, sweat and tears into it.”

As Lancaster County Board member Larry Hudkins put it, the two households are something like the Hatfields and McCoys.

The major difficulty in resolving the conflict with the use of zoning regulations is that a regulation that shuts down a motocross track on the basis of noise might also prohibit a farmer from using a tractor to pick corn. The property in question is zoned for agricultural use.

The previous controversy over motocross involved a track built by David Samani. Lancaster County District Judge Steven Burns ruled that track could remain as long as only family and friends used it.

The controversy also set in motion planning that ultimately might provide a satisfactory venue for motocross enthusiasts and lessen the incentive for property owners to build private tracks. A new motor sports task force still hopes to have a motocross track in operation at Abbott Sports Complex in northeast Lincoln operational by 2007.

In the meantime, Hudkins said, the County Board intends to use its influence to encourage the two property owners to be better neighbors.

But the board should redouble its efforts to find a way through zoning regulations to avoid future disputes. Expecting motocross enthusiasts and nature lovers to coexist peacefully may be an impossible dream.


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tm wrote on March 24, 2006 7:38 am:
" i can see wanting to have something like this out there he wants to have fun but why did this guy build this right next to his neighbor he had plenty of other places to put this. he should be made to either move it or get rid of it he has what 22 acres he could of put this thing on . i think what you got here is a guy who does not care about anybody but himself. but hey neighbor if he dont move it go get some cows then he can have a good smell while hes out playing and your inside your nice country home because you cant go out and relaxe due to moter bikes going off good luck "

 David wrote on March 24, 2006 7:44 am:
" I believe an earlier article on this said there is 13 houses on this section of ground where this track is. Hardly a quiet setting to me unless you're moving from the city. I live north of branched oak lake a few miles and have 6 houses in 2 sections It's much quieter. These neighbors need to learn to live together, work together, help each other out. They'll give thousands of dollars to lawyers to fix it for them, when they should pool their money and do something to fix it themselves. FIX IT NOW yourselves before government steps in and makes a new stupid law that hurts other people. "

 Chris wrote on March 24, 2006 8:03 am:
" I think that if you buy property then it is YOURS. It shouldn't matter what your neighbors think. I am a 100% farmer and have a love for nature too, but "too much noise" as the article states. I guess I better find a quieter muffler for my combine then so I don't disturb my "city slicker" neighbors. If you have a hobby, then you put all of your love into it. I don't think that a grumpy neighbor should stop you, especially since nobody is breaking any zoning laws here. "

 JIM wrote on March 24, 2006 8:52 am:
" One neighbor is doing nothing to adversely affect the other neighbor. The other is destroying his neighbors RIGHT to peace and quiet. Let's see, they both need to work together? Get real! The one who's shows no consideration for the other needs some work. This is like the kids partying issue from yesterday. People, your fun should not affect others adversely. If it does, then your right to do that activity should end. Nobody has the right to destroy the life of someone else. "

 LARRY IBURG wrote on March 24, 2006 9:10 am:
" I AM THE FATHER OF THE TWO BOYS FOUR AND SIX. THEIR BIKES DO NOT MAKE MUCH NOISE. IN FACT THE REPORTER COULD NOT HEAR THE BOYS RIDING WHEN SHE WALIKED UP TO THE PROPERTY.THE TRACK IS A PEWEE TRACK FOR KIDS NOT ADULT BIKES. I RIDE A PLAY BIKE (CRF150) WITH THE BOYS.THIS BIKE IS NOT LOUD EITHER.MY RIDING LAWN MOWER MAKES MORE NOISE. THE TRACK IN QUESTION IS TEMPORARY. ITS PART OF THE LAND THAT REALLY DOSEN'T EFFECT THE FARMER LEASING FARM GROUND.THE BULLDOZER MADE MORE NOISE THAN ANY THING BUILDING A SMALL INSUGGNIFICANT TRACK. WHY DIDN'T THEY ASK UNCLE PAT WHAT HIS INTENTIONS WHERE?. INSTEAD OF CALLING EVERY AGNCY IN THE STATE COMPLAINING. WOULD WE HAVE COMPLIAND ABOUT LOUD PEACOCKS, HORSE MANUER,HORSE FLYS,TURKEYS GOBBLIN ETC?. AND IF DIRT BIKING HARMS WILD LIFE YOU ARE MISTACKING. THE TWO PEACOCKS WALKED OVER TO THE TRACK LOCATION TO CHECK THINGS OUT. WHILE MINI BIKES WHERE OPERATING. THIS IS MY BOYS BALL FIELD AND WE ENJOY BALL JUST A LITTLE BIT DIFFERNT AS FAMILY. I HAVE BEEN OUT THREE TIMES, NOT ONCE SEEING THE COMPLAINERS OUT SIDE ENJOYING WILDLFE.DON'T FIGURE. "

 Deb wrote on March 24, 2006 9:20 am:
" Go for it Pat. It's no different than me living between two high schools and listening to the band practices and the 4th of July celebration. It's part of life. As for the Peterson's they need to bite their lip and accept it. Maybe the farmers will need to put mufflers on their equipment to keep the Peterson's satisfied. What is this world coming to when we can't have clean fun and keep the kids off the streets and give them some enjoyment. Peterson's need to give some considertion to others. "

 Michelle wrote on March 24, 2006 9:50 am:
" If the land is zoned for ag use then they should carry a cob of corn in their pockets or some soybeans then it would be ag use. Also, the neighbors should purchase a atv or motorcycle and have some fun instead of complaining or move. They say when we don't like what is on tv to change the channel it's their turn to like it or change the channel(move or join) Rules Rules Rules they try to control every part of our lives. "

 LH wrote on March 24, 2006 10:02 am:
" I agree with Chris. If you buy the property its yours to do what you want. I bet this guy also pays a nice big tax bill to boot. If you need a quite place to live you don't live in what I like to call "country club acreages". Move away from the big city and you will also leave the noise behind. That's just my opinion and that's what I did. "

 Eric wrote on March 24, 2006 11:19 am:
" Jim, I think that the argument can go the opposite way, too... their peace and quiet destroying their right to ride a motorbike. The Hatfields and McCoys indeed. "

 Nancy wrote on March 24, 2006 11:31 am:
" I'd hardly call Thomas & Petersen neighbors. Mr Petersen lives on his property, Mr Thomas doesn't. He just built a track to use, then goes back to his quiet neighborhood after he's done. Mr Thomas doesn't sound like he wants to be a good neighbor when he states "that he considered the complaints to be harassment". Soo many city people seem to think it's OK to do anything in the country, if you don't like it tough! Michelle, get real, it's a lot easier (& cheaper) to change a channel on TV then it is to sell a house and move. Why don't you tell the people around the proposed Wal-Mart area to just "move". Makes about as much sense. "

 Sarah wrote on March 24, 2006 12:47 pm:
" I think the nature people are going overboard.... I grew up in rural NE with animals, tractors and quads! They all really do work well together. I don't think there is any harm in the track, it's not "hurting" anyone. There is no harm in the other people loving animals either, it's not "hurting" anyone. Now if someone was shooting the animals that the others were trying to harbour, that would be different..... I think some people have too much free time and worry ALOT about what other's do. If you really want to fight for something people, fight to cure cancer, alzheimers, diabetes, premature births, not about who's making the most "noise" at their own house! "

 Gary wrote on March 24, 2006 1:59 pm:
" I grew up in the country...I never even lived in a city until I moved to Lincoln for college. I will say this, people who believe that the country is a quiet place 24/7/365 are set for a rude awakening. There are tractors, combines, large trucks, animals, ATV's, the occasional cropduster, and people flying by on gravel roads. It is alot quieter than in the city, but if you move to the country within 5-10 miles of a major population center, and expect total serenity, you are sadly mistaken. "

 Michael wrote on March 24, 2006 2:28 pm:
" I live a couple of blocks from the Lincoln Country Club where my daughters ride the same mini bikes and a mini atv in OUR back yard and have never had one complaint ever.We also have a kid track within a few miles from downtown and have riden there for 10 years with no complaints ever. The track that Mr. Tomas built is on one acre of his 54 acres and was built for the KIDS to use once a week or so. It just shows the Intolerance that the Petersons have. I'm sure that if someone else purchased the property and built a house to make meth in but were quite they would then be deemed good neighboors by the Petersons. "

 Crystal wrote on March 24, 2006 3:37 pm:
" I say to the Petersens and all you other people who think this is even an issue and is somehow ruining lives - GET USED TO IT, THE SPORT OF DIRTBIKES IS HERE TO STAY! Diseases,Poverty,Crime and Bad Attitudes ruin lives, NOT what your fellow neighbor does on land they worked hard to purchase. I am sure Pat put a lot of "blood, sweat, and tears" into the purchase of his property too. I say ride on & ride often!!! "

 Todd wrote on March 24, 2006 4:43 pm:
" If the dirt bikes in our neighborhood had silencers on the exhaust I wouldn,t complain. They don't. I lived out here for most of my life and have heard the motorcycles beonging to long time residents running around during this time. The difference is the unsilenced bikes of the new residents (in most cases) are in your ear for hours at a time instead of just passing by. The "tracks" alot of them are riding on are weed filled areas behind their house. These don't do a thing for property values. If the people riding all adopted a little bit of common courtesy many conflicts could be avoided. The problem will grow until there is government interference otherwise. "

 DB wrote on March 24, 2006 6:14 pm:
" Jim: Nice comparison: Underage drinking & illegal parties – Property Owner’s rights. You might consider your rights as a tax paying property owner before you condemn the rights of others. This is why we have government. We don’t need people with narrow perspective deciding how everyone else should live. Let’s not lose sight of the issue at hand. These people both paid market value for tax yielding property to use as they wish, within the law. I'm not clear why the paper mentions these people belonging to Wachisca Audubon? Does this mean their rights trump the rights of other property owners? This would be called bias (or prejudice). The Journal Stars facts are flimsy, the original motorsports task force hasn’t met in over a year, and the track at Abbott Sports complex has nothing to do with the city of Lincoln, county board or any mayor’s task force. The Journal Star implies a solution is in the works and that couldn’t be farther from the truth. Maybe the county could segregate acreage developments so the nature lovers can build together and the motorized recreation lovers could build together. Now there’s a modern solution! "

 Gene Petersen wrote on March 24, 2006 8:59 pm:
" As a resident very near this track I would like to clarify my position on this issue. Although I have personal reservations about the recreational use of off road vehicles because of the resulting environmental damage in many areas, I am not opposed to the sport of motocross per se. Any recreational activity that is pursued to draw a family together certainly has merit. I support the establishment of public tracks at appropriate locations so that all who enjoy the sport will have a place to ride. I don’t have a problem with families who do some recreational riding on their rural properties either. Most show respect for their neighbors in terms of where, when and how much they ride. As for agricultural noise, I have lived with cropland on three sides of me and cattle pasture on the fourth for the last six years and have never complained about it. The farm equipment is only in the fields for short periods during the year and the noise is steady and not annoying. We also hear cows, chain saws, lawn mowers and gunshots, but it’s a small percentage of the time. None of this compares in any way to the level and quality of the noise coming from the track next door, the number of vehicles, the long hours of use, the simultaneous rapid fire bursts of rifle shots, all within a short distance from my home. I invite anyone who doubts the level of intrusion on our lives to give us a call and come out to observe from our property. The vast majority of people would not want to live near something like this, and that includes most of the farmers I have talked to. That should matter. I didn’t move in next to a track and start complaining. A property was purchased and a track was built at a very poor location without discussing it with neighbors first. I did ask Mr. Thomas about his plans for the property before the track was built and nothing about motocross was mentioned. After it was built he made it quite clear that he doesn’t care what anyone who lives here thinks. This is his recreational property. He doesn’t live here. Some motocross enthusiasts are very aware of the high disturbance factor associated with their sport and are very sensitive to others. Others simply refuse to acknowledge that fact and give the sport a bad reputation that those who are responsible have to endure. "

 BT wrote on March 24, 2006 9:00 pm:
" It's clear that the Petersens, and probably some of the other neighbors in this section of land, will have no tolerance for any type of track, whether it be peewee or adult, mx or atv. It would'nt matter where Pat built it, someone will complain. I know if Pat dozed the peewee track out, built a berm with a bullit trap, and invited his friends out for an afternoon of target shooting, they would complain about that also.The bottom line is this, To the Petersens, and the complainers on acreages everywhere, get out your dictionary, and look up the word civilization, and beware, because it might be coming to an acreage near you. "

 Andy wrote on March 24, 2006 9:06 pm:
" Those who think a track like this near to a residence is no big deal should go spend a few hours next to one. Would you want this to happen next to the home you have lived in for years? "

 hemet wrote on March 25, 2006 6:09 pm:
" Put mufflers on the stupid things or take them out of there. Why would a muffler law create a problem with tractors? Ever seen anyone buzzing around a track on a tractor? Maybe the new gun law would help these poor folks with the problem. Clearly, the balance of kids getting off on these things around a track is not as a great a concern as is the quality of life for the people near them. Get the motocrossers the hell out of there or make them quiet. Its a no brainer from a legal standpoint. "

 Richard wrote on March 26, 2006 10:39 am:
" I am sure County officials have access to decibel meters. Send a deputy sheriff out to monitor noise levels with a db meter while these kids are riding. Do the same db check on the ones who are whining about noise. Check their mowers while they are mowing their lawns and compare the results. I'll bet that the lawn mowers are noisier than the motocrossers. Any takers? "

 Deb wrote on March 27, 2006 3:21 pm:
" Let's see, this is zoned as ag land, as in "agricultural", so people need tractors and combines to farm and make a LIVING, mowers to maintain the land, and where does a motocross track fit into this scenario? I may be missing the point, but where does its purpose "fit" into ag-zoned land? Comparing the noise created by tractors, combines, etc., to a recreational motocross track is like comparing apples to oranges. I think the county board missed an opportunity to resolve this problem last time around, and it's going to keep coming up again and again until they do. If County Board Member Larry Hudkins wants the two property owners to be "better neighbors" he might want to stop calling them the Hatfields and McCoys, since characterizations like that probably do more to inflame the situation than reconcile it. Get off the fence county board members, or there's going to be a lot more unhappy neighbors and motocross tracks to contend with. "

 Mike wrote on March 28, 2006 1:24 pm:
" Deb how about all the people who purchased 20 or more acres of AG ZONED LAND to build there homes on, most of these people do not use the agricultural zoned land as intended for AGRICULTURAL USE and also benefit from reduced AG ZONED land valuations, just where do they fit in? Should they be made to show they make a living from the land? The county board is only following a ruling Lancaster County Judge Steven Burns made in a previous and similar case. Peoples dreams are different and we don't need anymore laws to tell us what dream we should have,what we need is a little compassion and courtesy for each other. "

 COB wrote on March 29, 2006 12:07 pm:
" DB-Good point about the Petersons belonging to the Wachisca Audubon. Pat is a member of Nebraska Trailriders Association. This group took action years ago because of problems like this and bought 280 acres of land in Missorri. The state more than welcomes our Nebraska money and we get a place to ride. It is nice that someone would offer this close to home for the kids who love to ride. "

 COB wrote on March 29, 2006 5:21 pm:
" I need to add that the Nebraska Trailriders take GREAT care of our land in Missourri and there is abuntant wildlife, trees, natural plants, and all the other amenities nature offers. "

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