The passage of HB29 would amend Section 17-4-7 NMSA 1978 and clarify the duty of care owed by landowners who permit public access for various recreational activities. The legislation seeks to alleviate concerns among landowners about potential lawsuits arising from injuries that attendees might sustain while participating in these activities. It also emphasizes that by granting permission for recreational usage, landowners do not automatically assume any additional responsibilities that they would not have if individuals were merely trespassing.
Summary
House Bill 29 aims to expand the limitation of liability for landowners in New Mexico by including special districts organized under Chapter 73 NMSA 1978. The bill establishes a clear framework for landowners, lessees, and designated individuals or entities that allow the public to engage in recreational activities on their lands, such as hunting, fishing, trapping, and camping, without consequently bearing the burden of liability for accidents or injuries. This change is particularly relevant for lands controlled by special districts, which often manage spaces that are utilized for public enjoyment and recreation.
Contention
While proponents of HB29 argue that this measure is a necessary step in promoting outdoor activities and recreation, critics may raise concerns about the possible reduction in safety for individuals engaging in such activities on private or special district lands. Opponents may argue that this bill could encourage negligence, as landowners might feel less inclined to maintain their properties in safe conditions for public use. The balance between encouraging recreational access and ensuring user safety and accountability will likely be a topic of debate as the bill progresses through the legislative process.