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Senate Judiciary reviews bill to extend recreational‑use liability to rail and private utility corridors

Senate Judiciary · March 26, 2026
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Summary

The Senate Judiciary committee examined language to expand Vermont's recreational‑use liability protections to railroad property and certain private utility corridors, prompting questions about negligence, the definition of "utility corridor," and whether protections should be limited to corridors not actively used for rail operations.

The Senate Judiciary Committee heard initial testimony on proposed language to extend Vermont's recreational‑use liability protections to railroad property and certain private utility corridors.

Legislative Counsel S Leonard told the committee the amendment would add "railroad property, railroad rights of way and utility corridors to which public access is permitted" to the definition of land protected under 12 V.S.A. chapter 203, which currently shields landowners from liability for injuries to people who enter land for recreational use without payment unless the harm results from "willful or wanton misconduct." "For the record, my name is S Leonard. I'm the legislative council," he said while summarizing the statute and the proposed change.

The change is modeled on amendments adopted in other states and would make it easier for private railroads or…

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