S 261

 BILL AS INTRODUCED  S.261
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1S.261
2 Introduced by Senators Harrison, Gulick and Clarkson
3 Referred to Committee on
4 Date:
5 Subject: Court procedure; limitations on landowner liability; railroad rights of
6way; utility corridors
7 Statement of purpose of bill as introduced: This bill proposes to limit the
8 liability of railroads and utilities that make portions of their properties
9 available to the general public for recreational use.
10    An act relating to liability limitations for certain railroad and utility property
11    open to the public for recreational use
12 It is hereby enacted by the General Assembly of the State of Vermont:
13 Sec. 1. 12 V.S.A. § 5792 is amended to read:
14 § 5792. DEFINITIONS
15    As used in this chapter:
16***
17(2)(A) “Land” means:
18(i) open and undeveloped land, including paths and trails;
19(ii) water, including springs, streams, rivers, ponds, lakes, and
20 other water courses;
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1(iii) fences; or
2(iv) structures and fixtures used to enter or go upon land,
3 including bridges and walkways; and
4(v) railroad property, railroad rights-of-way, and utility corridors
5 to which public access is permitted.
6(B) “Land” does not include:
7(i) areas developed for commercial recreational uses;
8(ii) equipment, machinery, or personal property; and
9(iii) structures and fixtures not described in subdivision (A)(iii) or
10 (iv) of this subdivision (2).
11***
12 Sec. 2. EFFECTIVE DATE
13    This act shall take effect on July 1, 2026.
                                                                    VT LEG #385935 v.1