SB 1010
Limiting landowner liability for operation of all-terrain vehicles
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to limit the liability of landowners in West Virginia for injuries or damages caused by individuals operating all-terrain vehicles (ATVs) on their property. Specifically, it establishes a $50 annual charge cap for recreational activities and certain other invitations to use land. The bill clarifies definitions related to ‘land,’ ‘recreational purposes,’ and ‘noncommercial recreational activity,’ and extends liability protections to military, law enforcement, and homeland defense training activities. It also addresses liability concerning wildlife propagation purposes on surface mining sites.
Key provisions
- Establishes a $50 annual charge cap for invitations to use land for recreational purposes.
- Defines ‘recreational purposes’ to include activities like hunting, fishing, and ATV riding.
- Provides liability protections for military, law enforcement, and homeland defense training activities.
- Clarifies definitions related to ‘land,’ ‘recreational purposes,’ and ‘noncommercial recreational activity.’
- Addresses liability concerning wildlife propagation purposes on surface mining sites.
- Specifies that ‘charge’ includes one-time fees for events or occurrences.
- Excludes certain charges, such as those related to the Hatfield-McCoy Regional Recreation Authority.
- Defines ‘owner’ to include tenants, lessees, and those in control of the premises.
Who is affected
- Landowners in West Virginia
- Individuals operating all-terrain vehicles
- Recreational users
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours