Action for civil trespass; mapping of GPS, private road or driveway.
Summary
SB1145 creates a new civil trespass cause of action for situations where a driver enters a private road or driveway from a highway, the property is clearly posted as private, and the driver was not invited or otherwise authorized to enter. The bill is aimed at cases where a person says they relied on GPS or vehicle navigation directions that led them onto private property while trying to reach a highway.
The bill also allows the company or other entity responsible for the GPS or mapping function to be joined as a defendant if the trespass resulted from reliance on that system. If the mapping company can show before a hearing that the private road or driveway has been removed from the GPS database, the court must dismiss the action against that company or entity.
Impact
The bill would add a new section, 8.01-44.01, to the Code of Virginia and expand civil liability for unauthorized entry onto posted private roads or driveways. It would also create a procedural mechanism for naming GPS and navigation providers in trespass cases, while giving those companies a dismissal path if they correct the mapping error by removing the road or driveway from their system. The practical effect is to give property owners a new remedy and to pressure mapping services to update private-road data more promptly.
Sentiment
The bill appears to have had strong support in the Senate, passing 39-0 after being reported from the Courts of Justice Committee with a substitute and earlier clearing a constitutional reading vote 40-0. However, the later subcommittee vote of 5-3 to lay the bill on the table suggests more mixed views at the House committee stage, likely reflecting concern about the scope of liability or the burden on mapping companies. Overall, the Senate record shows broad agreement, but the House subcommittee action indicates the bill was not universally embraced.
Contention
The main point of contention is whether GPS and mapping companies should be exposed to trespass litigation when a driver relies on their directions, even though the immediate trespass is committed by the motorist. Supporters likely view the bill as a needed response to repeated navigation errors that send drivers onto private roads, while opponents may worry about expanding civil liability to technology providers and creating litigation over mapping accuracy. Another possible concern is whether the bill could encourage claims even where the property owner’s signage or the driver’s conduct is the more direct cause of the trespass.
Relative to expedited driveway permitting of major entrances for residential use of 20 units or greater and the time frame for approval or denial of permit applications.