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West Virginia bill expands landowner liability protections for mountain biking activities

January 30, 2024 | Introduced Bills, House, 2024 Bills, West Virginia Legislation Bills, West Virginia



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West Virginia bill expands landowner liability protections for mountain biking activities
On January 30, 2024, the West Virginia State Legislature introduced House Bill 5350, aimed at amending §19-25-5 of the West Virginia Code. This bill seeks to limit the liability of landowners who lease, grant easements, or licenses for land use by government entities for recreational purposes. A significant aspect of the bill is the expansion of the definition of "recreational purposes" to explicitly include mountain biking activities.

The primary objective of House Bill 5350 is to encourage landowners to permit access to their properties for recreational activities without the fear of legal repercussions should an accident occur. By limiting liability, the bill aims to promote outdoor recreational opportunities, which could enhance tourism and local economies in West Virginia, particularly in areas known for outdoor sports.

During discussions surrounding the bill, proponents highlighted the growing popularity of mountain biking and its potential to attract visitors to the state. They argued that by providing clearer legal protections for landowners, more individuals would be willing to open their lands for recreational use, thereby fostering community engagement and economic growth.

However, the bill has faced some opposition. Critics express concerns that limiting liability could lead to negligence on the part of landowners, potentially compromising safety for recreational users. They argue that while promoting outdoor activities is important, it should not come at the expense of accountability and safety standards.

The implications of House Bill 5350 could be significant. If passed, it may lead to an increase in recreational activities on private lands, potentially boosting local economies through tourism. Conversely, if safety concerns are not adequately addressed, it could result in increased accidents and injuries, leading to public outcry and calls for further regulation.

As the legislative process continues, stakeholders from various sectors, including outdoor recreation advocates, landowners, and safety organizations, will likely engage in ongoing discussions to shape the final form of the bill. The outcome of House Bill 5350 will be closely monitored, as it could set a precedent for how recreational activities are managed on private lands in West Virginia.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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