Judiciary Committee advances bills to limit landowner liability, define ‘burglary’

West Virginia Press Association Staff Report
CHARLESTON, W.Va. – The Senate Judiciary Committee, on Wednesday, took steps to make it easier for West Virginia landowners to open their property for recreational use by the public. The committee substitute for SB 577, which was first introduced by Sen. Mark Maynard, R-Wayne, and adopted by the committee, seeks to limit landowner liability for injuries sustained by individuals utilizing the land for noncommercial recreation.
As explained by Committee Counsel J. A. Curia III, “This bill implements a number of essentially technical updates, or ‘clean up edits’ to the existing statutes. For instance, it reorganizes the definition of ‘training purposes,’ and clarifies the definition of who constitutes a landowner.”
“Stepping back, the bill limits landowner liability in certain contexts,” Curia continued. “It provides that a landowner is not liable for harm caused to individuals who enter and use the land, when that use is done for specifically government purposes, noncommercial recreation, and wildlife propagation.”
According to Curia, the motivation for the bill was to “update statutory language” in response to a verdict rendered by the Supreme Court of Appeals.
“The committee substitute furthers the original bill’s goal of implementing ‘clean up edits’ by incorporating a handful of additional edits of a similar nature,” Curia said. “For instance, clarifying what constitutes a fee, and adding the introductory clause: ‘unless otherwise agreed to in writing.’”
At the conclusion of Curia’s explanation, Maynard said, “Let’s say someone wants to put a kayak in the stream behind my house. I let them drag it down and they fall and break their ankle.”
“If this bill becomes law, could they hold me liable?” Maynard asked.
Curia advised that Maynard would not be held liable in that instance.
“There are two ways that could change,” Curia noted. “If there is a written agreement that states otherwise, or if there is a monetary arrangement in excess of $25.”
SB 577 will now be reported to the full Senate with the Judiciary Committee’s recommendation for passage. In other business, the committee also considered their substitute for SB 578. Sponsored by Sen. Charles Trump, R-Morgan, the bill seeks to clarify the definition of “burglary.”
Also explained by committee counsel, “Some years ago, the legislature […] did away with the distinction between daytime and nighttime burglary. While that was being done, apparently language was dropped that stated that the property had to be that of another.”
“The purpose of this bill is to reinstate the language to clarify the property has to belong to another,” counsel added. “It further adds language dealing with what constitutes the dwelling of another.”
As they did with the previous bill, the committee approved their substitution for SB 578. The bill will now be advanced to the full Senate for further consideration.