West Virginia 2022 Regular Session

West Virginia Senate Bill SB600

Introduced
2/9/22  

Caption

Limiting liability of landowners when land is used for noncommercial recreational purposes

Impact

This legislation is intended to encourage landowners to permit public access for recreational use by protecting them from potential liability claims. It addresses concerns regarding the dangers associated with recreational and wildlife activities while also removing certain outdated legal definitions concerning land use and invitee status. This change could potentially foster more outdoor recreational opportunities, positively impacting community engagement, tourism, and overall public health through increased outdoor activities.

Summary

Senate Bill 600 aims to amend the Code of West Virginia to limit landowner liability concerning injuries sustained by individuals involved in noncommercial recreational activities or when entering land for wildlife propagation, military, or law enforcement training purposes. The bill specifies that landowners will not be held liable for any injuries that occur when individuals use their land for these purposes without a fee or charge. Additionally, the bill delineates permissible activities under recreational use, including but not limited to hunting, fishing, kayaking, and camping, providing further clarity on what constitutes recreational purposes.

Sentiment

The sentiment around SB 600 appears to be mixed but leans towards support from those advocating for increased outdoor activities and land accessibility. Proponents argue that the bill supports local economies and enhances recreational options for residents and visitors alike. However, there are concerns from some groups related to environmental protection and safety, with opponents fearing a decrease in landowner responsibility that could lead to unsafe conditions for the public.

Contention

Notably, a distinct point of contention arises regarding wildlife propagation and military training provisions included in the bill. Critics express that these elements, while aiming to facilitate land use, might afford landowners excessive protection from liability, potentially compromising safety for those engaging in activities on private lands. Furthermore, the lack of clear delineation between commercial and noncommercial activities may lead to legal ambiguities and differing interpretations of liability, heightening concerns among environmentalists and safety advocates.

Companion Bills

No companion bills found.

Previously Filed As

WV SB229

Limiting liability of landowners when land is used for noncommercial recreational purposes

WV SB577

Limiting landowner liability when land is used for certain purposes

WV SB68

Limiting landowner liability when land is used for certain purposes

WV HB114

AN ACT relating to landowner liability for recreational use permission.

WV HB973

Provide relative to the limitation of liability for recreational landowners

WV SB058

Landowner Liability Recreational Use Warning Signs

WV HB858

Provides relative to the limitation of liability for recreational landowners

WV HB1579

Relative to landowner liability on land authorized for outdoor recreational activities.

WV HB3560

Relating to expanding the definitions of land and recreational purposes

WV HB5350

Expanding the definition “recreational purposes” to include mountain biking activities

Similar Bills

WV SB68

Limiting landowner liability when land is used for certain purposes

WV SB577

Limiting landowner liability when land is used for certain purposes

WV SB229

Limiting liability of landowners when land is used for noncommercial recreational purposes

WV SB774

Mountain Bike Responsibility Act

WV HB5350

Expanding the definition “recreational purposes” to include mountain biking activities

WV HB4406

To establish the West Virginia Military Hall of Fame

WV HB3560

Relating to expanding the definitions of land and recreational purposes

VA SB340

Virginia Freedom of Information Act; exclusions from mandatory disclosure, purchase card statement.