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Senate committee weighs moving ahead on S.4 to clarify trail maintenance amid pending takings litigation
Summary
Legislative counsel and senators debated whether to advance S.4 this session, which would clarify municipal authority to maintain public trails, weighing potential reassurance for towns against the risk of takings litigation and compensation claims tied to a disputed 1986 law.
The Senate Transportation Committee debated whether to advance S.4, a bill that would clarify municipal authority to maintain public trails, with legislative counsel warning the measure could both reassure towns and expose them to takings claims depending on how pending litigation is resolved.
Damien Leonard, counsel for the Office of Legislative Council, told the panel that advancing S.4 now would “signal continued support” for municipalities and could provide them “more certainty concerning future maintenance.” He also warned that the same language could create “a false sense of reassurance” if a court later finds municipalities did not previously hold that maintenance…
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