SB383 (2006) Detail

Limiting liability of community land trusts which own certain hazardous property.


SB 383 – AS INTRODUCED

2006 SESSION

06-2004

08/09

SENATE BILL 383

AN ACT limiting liability of community land trusts which own certain hazardous property.

SPONSORS: Sen. Burling, Dist 5

COMMITTEE: Environment and Wildlife

ANALYSIS

This bill limits the liability of a community land trust which owns certain hazardous property which was transferred to the trust by a municipality.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2004

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT limiting liability of community land trusts which own certain hazardous property.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Purpose and Findings. The general court finds that:

I. There are natural land formations in the state of New Hampshire which are used for recreational purposes and are inherently dangerous, including swimming holes and rock formations.

II. It is important to the general welfare of the citizens of New Hampshire that such hazardous properties be owned and maintained by responsible parties.

III. Community land trusts organized under the laws of New Hampshire are responsible parties well suited to oversee hazardous properties and protect the public from the dangers of hazardous properties.

2 New Section; Liability Limited; Trust Land Containing Natural Hazards and Used for Recreational Purposes. Amend RSA 507-B by inserting after section 11 the following new section:

507-B:12 Liability Limited; Land Containing Natural Hazards Held In Community Land Trust.

I. A municipality may transfer ownership of land used for recreational purposes and containing natural hazards, such as swimming holes or rock formations, to a community land trust.

II. A community land trust which owns such land, pursuant to a transfer under paragraph I, shall be liable for bodily injury, personal injury, or property damage occurring on such land only in the manner and to the extent a municipality would be liable under RSA 507-B:4.

3 Effective Date. This act shall take effect January 1, 2007.