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August 14. 2012 11:40PM
Law aids owners, helps keep private land open to public
CONCORD — Landowners who allow the public to use their land for hunting, fishing, hiking and other recreational activities are afforded greater legal protection under a bill approved this year.
House Bill 1551 protects people who own, lease or manage land open for public use from lawsuits by someone injured on their property. The bill does not exempt a landowner’s liability for a malicious act or if the owner charges to use the property.
At a bill signing ceremony in the Executive Council chambers Tuesday, the prime sponsor, Rep. Gene Chandler, R-Bartlett, said if the bill had not passed there would have been “a tremendous impact on the state economy.” Many state industries depend on land being open to public use although most of that land is privately owned, he noted.
The law was prompted by a lawsuit filed by a Manchester resident injured when he fell from a tree stand in 2009. He sued the Epsom landowner, but later dropped the lawsuit.
The lawsuit alerted lawmakers to what could be a flaw in the state’s old law, Chandler said, and “we felt we had to fix it. It raised a red flag.”
He noted the suit prompted some landowners to prohibit public use, but most were willing to wait until the Legislature could address the problem.
Most landowners did not expect to be sued by someone who does something stupid on their property without their knowledge, he said.
“I really believe this is one of the most important bills we passed this session,” Chandler said.
Jasen Stock, representing the Timberland Owners Association, said the bill removes a key concern for landowners and allows them to keep their lands open to the public.
Glen Normandeau, New Hampshire Fish and Game Department director, said his agency’s constituencies would be in a difficult spot without access to open land. “We’re lucky our forefathers learned a lesson from the king. Land should be open to the public and not kept for a select few,” Normandeau said.
The bill went into effect in June.
Garry Rayno may be reached at grayno@unionleader.com.
House Bill 1551 protects people who own, lease or manage land open for public use from lawsuits by someone injured on their property. The bill does not exempt a landowner’s liability for a malicious act or if the owner charges to use the property.
At a bill signing ceremony in the Executive Council chambers Tuesday, the prime sponsor, Rep. Gene Chandler, R-Bartlett, said if the bill had not passed there would have been “a tremendous impact on the state economy.” Many state industries depend on land being open to public use although most of that land is privately owned, he noted.
The law was prompted by a lawsuit filed by a Manchester resident injured when he fell from a tree stand in 2009. He sued the Epsom landowner, but later dropped the lawsuit.
The lawsuit alerted lawmakers to what could be a flaw in the state’s old law, Chandler said, and “we felt we had to fix it. It raised a red flag.”
He noted the suit prompted some landowners to prohibit public use, but most were willing to wait until the Legislature could address the problem.
Most landowners did not expect to be sued by someone who does something stupid on their property without their knowledge, he said.
“I really believe this is one of the most important bills we passed this session,” Chandler said.
Jasen Stock, representing the Timberland Owners Association, said the bill removes a key concern for landowners and allows them to keep their lands open to the public.
Glen Normandeau, New Hampshire Fish and Game Department director, said his agency’s constituencies would be in a difficult spot without access to open land. “We’re lucky our forefathers learned a lesson from the king. Land should be open to the public and not kept for a select few,” Normandeau said.
The bill went into effect in June.
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Garry Rayno may be reached at grayno@unionleader.com.
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