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BILL AS INTRODUCED 2007-2008

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H.74

Introduced by Representative Deen of Westminster

Referred to Committee on

Date:

Subject:  Transportation; railroads; farm crossings

Statement of purpose:  This bill proposes to include railroad lines, railroad rights-of-way, and railroad crossings in the definition of “land” for which property owners are not liable to a person who is injured when the person enters or goes upon land for a recreational purpose.

AN ACT RELATING TO LANDOWNER LIABILITY

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  12 V.S.A. § 5792 is amended to read:

§ 5792.  DEFINITIONS

As used in this chapter:

* * *

(2)(A)  "Land" means:

(i)  open and undeveloped land, including paths and trails;

(ii)  water, including springs, streams, rivers, ponds, lakes, and other water courses;

(iii)  fences; or

(iv)  structures and fixtures used to enter or go upon land, including bridges and walkways;

(v)  railroad lines, railroad rights-of-way, and railroad crossings.

(B)  "Land" does not include:

(i)  areas developed for commercial recreational uses,;

(ii)  equipment, machinery or personal property,; and

(iii)  structures and fixtures not described in subdivision (2)(A)(iii) or (iv) of this section subdivision (2).

* * *

Sec. 2.  12 V.S.A. § 5793 is amended to read:

§ 5793.  LIABILITY LIMITED

(a)  Land.  An owner shall not be liable for property damage or personal injury sustained by a person who, without consideration, enters or goes upon the owner's land for a recreational use or for access to a recreational use unless the damage or injury is the result of the willful or wanton intentional misconduct of the owner.

(b)  Equipment, fixtures, machinery, or personal property.

(1)  Unless the damage or injury is the result of the willful or wanton intentional misconduct of the owner, an owner shall not be liable for property damage or personal injury sustained by a person who, without consideration and without actual permission of the owner, enters or goes upon the owner’s land for a recreational use and proceeds to enter upon or use:

(A)  equipment, machinery, or personal property; or

(B)  structures or fixtures not described in subdivision 5792(2)(A)(iii) or (iv) of this title.

(2)  Permission to enter or go upon an owner’s land shall not, by itself, include permission to enter or go upon structures or to go upon or use equipment, fixtures, machinery, or personal property. 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us