Tennessee House Bill HB2859

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/24
• Refer: 3/13/24
• Refer: 3/19/24
• Refer: 4/2/24
• Chaptered: 5/9/24
• Passed: 5/9/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 8; Title 11; Title 68; Title 69 and Title 70, relative to parks.

Impact

The proposed amendments could significantly impact the availability of parks and recreational areas across the state. By offering liability protection, the bill encourages landowners to make their land more accessible for recreational purposes, which may enhance community health and well-being through increased outdoor activities. This solution addresses the critical need for more public parks, particularly in areas where access to nature is limited. The focus on outdoor recreation is expected to align with broader state objectives regarding health and community engagement in physical activities.

Summary

House Bill 2859 aims to amend sections of the Tennessee Code Annotated pertaining to parks and recreational use of land. The bill stipulates that landowners who enter into cooperative agreements with federal public utilities can provide their land, designated as parks for outdoor recreational activities, without incurring liability for injuries or damages. This law facilitates the collaboration between private landowners and public utilities, encouraging the creation of public parks while limiting the legal obligations of landowners, promoting broader access to outdoor recreational opportunities.

Sentiment

Overall, the sentiment surrounding HB 2859 is largely positive among supporters, who view the law as a beneficial step toward increasing recreational opportunities in Tennessee. However, there may be concerns from advocacy groups regarding the potential risks associated with reduced liability protections for individuals who enter these parks. The balanced view suggests that while the benefits of increased public access to parks are recognized, stakeholders will need to monitor how these liability provisions affect user safety and accountability.

Contention

Notable points of contention include the extent of liability protection offered to landowners and how it balances with user safety. Although landowners are protected unless they engage in gross negligence, some might argue that this shielding could lead to less diligence in maintaining safe recreational spaces. Additionally, there may be debate on whether the creation of public parks through private land is in the public interest, as this could lead to privatization concerns over what should remain publicly accessible.