HB 5215
Relating generally to limiting landowner liability for the purpose of operation of all-terrain vehicles.
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to limit the liability of landowners in West Virginia when all-terrain vehicles are operated on their property. Specifically, it reduces the amount of money a landowner can charge for access to their land for recreational activities to a maximum of $50 per year per participant, with some exceptions. The bill also clarifies definitions related to ‘land,’ ‘recreational purposes,’ and ‘noncommercial recreational activity’ to better address ATV use.
Key provisions
- Limits landowner charges for access to land for recreational activities to $50 per year per participant.
- Defines ‘recreational purposes’ to include activities like ATV riding, hunting, and fishing.
- Clarifies the definition of ‘land’ to encompass various features of a property.
- Specifies that ‘noncommercial recreational activity’ excludes activities with charges exceeding $50 per year.
- Addresses liability for wildlife propagation purposes on surface mining sites.
- Includes military, law enforcement, and homeland-defense training as covered activities.
- Defines ‘owner’ to include tenants, lessees, and those in control of the premises.
- Provides for certification of ponds and structures used for wildlife propagation.
Who is affected
- Landowners in West Virginia
- Individuals operating all-terrain vehicles
- Recreational users
- Hunting and fishing enthusiasts
- Coal mining operations
Notable changes
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