Limiting liability of persons making land available for public trail use
Impact
By limiting liability, SB682 seeks to enhance recreational opportunities by encouraging the development of public trails. This change is particularly important for railroad companies that might have unused rail lines or rights-of-way, as it opens the door for these entities to collaborate with non-profits or governmental bodies to create rail trails, camp areas, and other outdoor recreational spaces. Thus, the bill has implications for the state’s economic development by promoting tourism and outdoor activities, which may contribute positively to local economies.
Summary
Senate Bill 682 aims to amend the West Virginia Code to limit the liability of individuals and entities, specifically railroad companies, who make land available for public trail use. The bill introduces a clear framework that establishes that property owners who provide access to their land for recreational trails do not have a duty of care to ensure the safety of the land for users. This provision is intended to encourage landowners to permit public access to trails without fearing legal repercussions for potential injuries that may occur on their property.
Sentiment
The prevailing sentiment surrounding SB682 appears to be favorable among those who support increased recreational activities and economic development through tourism. Proponents argue that the bill facilitates community engagement with the outdoors and provides an essential boost to local economies by expanding trail networks. However, there are concerns about whether the limitations on liability might deter proper maintenance of these trails or lead to injuries without recourse for individuals harmed on these trails.
Contention
Concerns related to SB682 center on the responsibilities of landowners and the potential for injuries that may occur on trails. While proponents view the liability limitations as a necessary measure to promote public access, critics worry this might lead to neglect and insufficient safety standards for users. Furthermore, it raises questions about the balance between encouraging public access to land and ensuring that trails remain safe and well-maintained for all users.
Amending the act of February 2, 1966 (1965 P.L.1860, No.586), entitled "An act encouraging landowners to make land and water areas available to the public for recreational purposes by limiting liability in connection therewith, and repealing certain acts," further providing for definitions, for duty to keep premises safe and warning and for assurance of safe premises and duty of care and responsibility and liability.