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Senate language on municipal 'legal trails' raises litigation and takings questions
Summary
The Senate added language that would clarify or confer municipal authority to maintain public "legal" trails; counsel told the committee ongoing litigation could be affected and that changing the statute now could risk dismissal of a pending declaratory-judgment action and require eminent-domain steps if property rights are taken.
The conference committee reviewed a Senate amendment that would, depending on statutory interpretation, clarify or grant municipalities the authority to maintain so-called legal trailspublic rights of way owned by municipalities rather than rights granted by private easement.
Damian Leonard told members the change has prompted lengthy committee discussion and that litigation over the issue is already pending at the superior-court level. He said one…
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