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Bill language on "legal trails" sparks takings and litigation concerns as Tunbridge case proceeds
Summary
Conference conferees reviewed Senate language clarifying municipal maintenance authority over 'legal trails' and flagged potential takings claims and the risk of delaying an active Tunbridge declaratory‑judgment case; conferees asked for more legal analysis.
A Senate‑added provision addressing so‑called "legal trails" drew extended discussion because it could change who may maintain certain public rights of way and may affect a pending Tunbridge lawsuit challenging maintenance authority.
Legislative counsel Damien Leonard briefed conferees on the statutory history: trails were pulled out of the town‑highway classification when Title 19 was recodified in 1986, leaving an ambiguity about whether towns retained maintenance authority. The Senate language would…
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