Senate Bill 546, calling for the expansion of Virginia’s landowner liability and recreational use statute, was passed by the House of Delegates 95 – 0. This means the bill has passed both chambers, and now awaits Governor Bob McDonnell’s signature to become law July 1.
This legislation evolved out of another bill (HB 2088) passed in the 2009 General Assembly, calling for a study of how recreational users can safely access natural resources across railroads, as well as the feasibility of rails-with-trails.
The new law will explicitly extend protection to railroads from nuisance lawsuits when recreational users cross railroad property at designated places, to access rivers, boat takeouts, or trails.
Railroads’ perceived liability has been a major barrier to allowing crossings, and has created headaches for recreational users for years.
The Virginia Bicycling Federation feels this is a strategic victory when it comes to implementing rails-with-trails.
HB 2088 was passed in the 2009 session, and resulted in the publication of House Document404: Rails With Trails / Pedestrian Crossing Project Initiation, Coordination and Review. This document established guidelines for requesting recreational rails-with- trails, recreational crossings, and recommended best practices for implementing these types of facilities.
The railroads expressed concern about liability from recreational users, though no cases of suits filed by recreational users could be cited while the report was being developed. As a result of the report, former Assistant Secretary of Transportation Nick Donahue worked with stakeholders to develop language suitable to all parties, and paved the way for introduction of SB 546.
Senator John Edwards of Roanoke sponsored the legislation.
Passage of SB 546 is a big first step in creating rails-with-trails, and a significant barrier for recreational access has now been eliminated.
Besides the legislative victory, SB 546 was a textbook example of cooperation among many diverse stakeholders, including government, the railroads (CSX and Norfolk Southern) and a diverse group of recreational advocates, all of whom who supported the bill.
Thanks go to former Secretary of Transportation Pierce Homer and Assistant Secretary Nick Donahue, Senator John Edwards, and the many recreational users who worked to get the bill passed. Recreational champions included Bill Tanger from the Friends of the Rivers of Virginia, Tom Miller with Float Fisherman of Virginia, Tom Bowden from BikeWalk Virginia, David Brickley with East Coast Greenway, Dave Barnard from the Sierra Club, and the 18 groups behind the Public Access Coalition. Thanks for your hard work.
Most importantly, thanks to all the cyclists, boaters, fishermen and outdoor enthusiasts who took the time to write and call their legislators, asking for support. Legislators listened!
A major hurdle as been eliminated, removing barriers to our natural resources and allowing rails-with-trails to become a reality.
Thank you!
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This is model legislation that needs to be implemented across the country. This type of legislation could help open linear corridors for pedestrian/bicycle transportation and recreation