Tennessee Senate Bill SB2827

Tennessee 2023-2024 Regular Session

• Introduced: 2/1/24
• Engrossed: 4/9/24
• Enrolled: 4/15/24
• Passed: 4/29/24
• Chaptered: 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 introduction of SB2827 is expected to significantly influence state laws concerning property liability and public recreational space availability. Landowners may feel more secure in opening their land for public use, knowing that they are shielded from being held responsible for unforeseen incidents. By reducing liability, the bill is likely to foster public-private partnerships that enhance community access to parks and recreational areas. Such partnerships could lead to improved facilities and services for outdoor activities, which may have previously been limited by landowner concerns about legal repercussions.

Summary

Senate Bill 2827 addresses liability issues for landowners who enter into cooperative agreements with federal public utilities to make their land available for public parks and outdoor recreational purposes. The bill establishes that such landowners owe no duty of care to individuals entering their property for recreation, thereby protecting them from liability for accidents or injuries that may occur, except in cases of gross negligence or willful misconduct. This change aims to encourage more landowners to collaborate with public utilities in providing recreational opportunities to the public.

Sentiment

Support for SB2827 appears to be robust, particularly among legislators who envision the bill as a progressive step toward increasing public access to recreational opportunities across Tennessee. Advocates argue that the free use of land for outdoor activities promotes healthier lifestyles, community engagement, and environmental stewardship. However, there may be some concern from advocacy groups regarding the extent of protection from liability, particularly in relation to public safety and the potential for negligence claims in specific situations.

Contention

While most discussions around SB2827 highlight its potential benefits, some stakeholders caution that the bill's liability protections could encourage neglect of safety standards or inadequate maintenance of public recreational facilities. There are fears that this might place unwarranted risks on the public, particularly vulnerable populations. The debate thus emphasizes the need for a balance between encouraging land use for public benefit and ensuring that appropriate safety measures are upheld to protect individuals enjoying these recreational spaces.