Conference committee pauses on statutory change for municipal trail maintenance amid ongoing litigation

Senate conferees reviewed a Senate‑only addition that would clarify the authority of municipalities to maintain so‑called legal trails — public rights‑of‑way owned by municipalities — but lawmakers stopped short of moving the text while a related superior court case is pending.

Damian Leonard explained the legal risk: changing the statute while a declaratory judgment on the existing statute is pending could lead the court to dismiss the case as moot, forcing parties to refile and restarting litigation on whether legislation itself effected a taking. “One of the concerns raised by the landowner is that if the statute changes, case may be dismissed, and then we would have to wait for further litigation to resolve the issue over whether the legislation itself constituted the [taking],” Leonard said.

Committee members noted competing viewpoints from municipalities and landowners; both sides are involved in active litigation. Leonard said if the court were to hold that current law already permits municipal maintenance, the legislative change would be merely clarifying. If the court holds the opposite, legislative action would be required — and any grant of authority to municipalities might need to be paired with an eminent‑domain or compensation process.

Why it matters: the provision touches property rights and ongoing litigation. Conferees flagged statutory‑change timing as consequential for both the litigation and affected landowners.

No vote or final direction was given; the committee agreed to leave the statutory language for further discussion after considering the litigation timeline and legal consequences.