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Senate Transportation hears legal counsel on S.4 but defers decision amid takings uncertainty
Summary
Committee legal counsel told senators that legislation could not retroactively resolve pending property-right questions raised by courts; members pressed for clarity to avoid disrupting trail maintenance and asked staff to return with refined language and stakeholder input.
The Senate Transportation Committee on April 21, 2025, heard legal advice on S.4 and did not take a final vote, instead directing staff to return with refined language and stakeholder input before deciding whether to move the bill.
Committee members and legal counsel focused on whether legislation could resolve existing property-rights questions tied to trails that traverse private rights-of-way and on the risk that unclear drafting would spawn future takings litigation. Damian Leonard, identified in the meeting as appearing for the committee, told members, “No matter what we do…
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