Pennsylvania House Bill HB83

Pennsylvania 2023-2024 Regular Session

• Introduced: 3/7/23
• Refer: 3/7/23

Caption

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; and providing for recreational user's claim for property rights and for the substitution of the Department of Conservation and Natural Resources for a party in litigation.

Impact

If passed, HB 83 would modify existing laws surrounding landowner liability, making land more accessible for recreational use while simultaneously providing legal protections to landowners. This change is anticipated to encourage more landowners to open their properties for public use by alleviating fears of litigation arising from injuries or accidents on their land. The adjustments could lead to improved public access to parks, trails, and water areas across the state, potentially fostering conservation efforts and community engagement with natural resources.

Summary

House Bill 83 aims to amend the act of February 2, 1966, which encourages landowners to make land and water areas available to the public for recreational purposes. By limiting liability concerns for landowners, the act seeks to promote access to recreational resources, thereby enhancing public enjoyment of natural spaces. The proposed amendments focus on refining definitions related to liability and adding provisions for recreational users' claims for property rights, which is crucial for protecting both landowners' interests and the rights of individuals utilizing these areas for recreation.

Sentiment

The sentiment around HB 83 appears largely positive among supporters, who view the bill as a beneficial step towards enhancing public access to recreational spaces. Advocates argue that it represents a fair balance between landowners' rights and public interests, facilitating a collaborative relationship between the two. However, some concerns have been raised about the implications for private property rights, with opponents questioning whether sufficient protections for landowners are in place. Nevertheless, the discussions around the bill overall indicate a desire to facilitate recreational access while maintaining legal safeguards.

Contention

Notable points of contention may arise from the limited liability provisions introduced by HB 83. Critics argue that even well-intended liability caps may lead to situations where landowners feel pressured to allow access while being inadequately protected against claims, which could ultimately discourage land participation. Additionally, defining the parameters of recreational users' claims for property rights presents potential complications that could lead to legal ambiguities. The debate over how to ensure adequate protections while promoting public access is likely to be a focal point in discussions surrounding the bill's passage.