Bill Protects NH Landowners Who Allow Bikes on Their Land

Norma Love
Associated Press

J
une 13, 2010

CONCORD, N.H. (AP) -- New Hampshire landowners likely will soon get extra protections from lawsuits if mountain bikers get injured while riding on their land.

State Rep. Gene Chandler, R-Bartlett, sponsored the bill that adds bicycling to a state law that says landowners aren't responsible for users' safety if they let them use the property for free. The bill was submitted at the request of the White Mountain chapter of the New England Mountain Bike Association, which tried unsuccessfully to get permission to bike on land along the Saco River about three years ago.

Club president Rob Adair said the landowner, who has since died, balked because mountain biking wasn't specifically protected by law.

Other activities covered by the law in question are hunting, fishing, trapping, camping, horseback riding, water sports, winter sports, snowmobiling, off-highway recreational vehicle use, hiking, sightseeing, removing firewood and to warn of hazardous conditions. Many were added since the law was enacted in the 1960s as part of the fish and game statutes. Adair points out that mountain biking didn't exist when the original law was created.

Gov. John Lynch has until midnight Monday to act on the bill. Lynch spokesman Colin Manning said the governor was reviewing the language this weekend and was expected to sign it. If he doesn't sign or veto it, it will go into law automatically and take effect Jan. 1.

The attorney general's office didn't oppose the bill but says it isn't needed.

Associate Attorney General Anne Edwards said a different, umbrella law already gives broad protections to landowners who open their property for free to recreation.

"I think people's property is already covered," said Edwards.

Edwards said landowners simply want to be doubly sure they are immune from lawsuits if someone gets injured.

"We've tried to avoid the narrowing down of what recreational activities are," Edwards said.

Listing specific activities raises questions about activities not on the list, said state Rep. Lucy Weber, D-Walpole.

"It is a solution that raises the issues of other uses that might be slightly different. Do they all have to be listed?" she said.

The House Judiciary Committee held the bill over last summer to explore whether a more inclusive definition of recreational activities could be used, but finally decided to just add bicycling, said Weber, a committee member. For example, dog mushing was mentioned as another activity not in the bill or law, she said.

Adair said the umbrella law gives general protections to everyone but the law proposed to be amended gives more protection to the owner.

"They don't have to be concerned with the characteristics of the trails," he said.

Adair said landowners are especially concerned because mountain bikers ride challenging trails over logs and boulders.

The bill would mean "the owner doesn't have to go out there and sanitize it and make it safe," he said.

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