West Virginia Senate Bill SB229

West Virginia 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23

Caption

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

Impact

The bill seeks to encourage landowners to permit public access to their lands for recreational and wildlife propagation purposes by limiting their legal liabilities. By doing so, it intends to promote greater outdoor activities among residents, enhance community engagement in nature, and support wildlife conservation initiatives. The bill also provides explicit definitions of various activities considered recreational—such as rock climbing, kayaking, and hunting—thereby establishing a more comprehensive understanding of what falls under this liability limitation.

Summary

Senate Bill 229 aims to amend certain provisions of state law concerning landowner liability when land is used for various noncommercial recreational activities, military training, and wildlife propagation. The bill specifically states that landowners are not liable for injuries sustained by individuals on their property when such individuals engage in these activities. This includes clarifying that dangerous or hazardous conditions need not be warned against by the landowners, effectively reducing the legal responsibilities associated with opening their land to the public for recreational use.

Sentiment

The general sentiment around SB 229 is mixed. Supporters advocate that the bill is a positive step to foster community access to natural spaces, enhancing public health and outdoor engagement while alleviating concerns of potential lawsuits. However, critics argue that the bill could lead to negligence on the part of landowners due to reduced accountability for safety which may jeopardize public safety. Concerns revolve around the possibility of accidents on private lands that go unaddressed due to the limits on liability.

Contention

Notable points of contention include whether the reduction of liability should extend without limits in the context of military and law enforcement training activities conducted on private property. This aspect raises concerns about the extent of public safety guarantees for individuals involved in or around such activities. Additionally, the changes to the definitions of landowner responsibilities have been scrutinized in light of previous court rulings, which some argue should still inform current legislation.