H 7761Land Use

Parks and Recreational Areas - Public Use of Private Lands-Liability Limitations

This bill removes the state and municipalities from the definition of "owner" regarding land liability limitations.

Held for study

Population
Affected

Introduced Feb 12, 2026Committee House Judiciary

Plain-English Summary

This bill amends the Rhode Island General Laws regarding the public use of private lands and liability limitations. Specifically, it modifies the legal definition of an "Owner" within this chapter. The legislation strikes out the phrase "including the state and municipalities" from the definition. By doing so, it removes the state government and local towns from the specific liability protections or definitions provided in this chapter, which are generally designed to protect private landowners who allow the public to use their land for recreational purposes.

For younger readers

There are laws that protect landowners if they let people play on their land for free. If someone gets hurt, the owner usually doesn't get in trouble. Before this bill, the government (like the state or your town) was treated the same as a regular person who owns land. This bill changes the rules by taking the government out of that definition. This means that if someone gets hurt on public land, the rules for whether the government gets in trouble might be different than the rules for a regular person.

Who & Where It Applies

Impacted groups

State GovernmentMunicipal GovernmentsRecreational Land UsersTaxpayersPersonal Injury Attorneys

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Increases accountability for government entities, ensuring that the state and municipalities cannot use liability shields intended for private citizens to avoid responsibility for negligence on public property.
Potentially improves justice for victims who are injured due to poor maintenance or unsafe conditions on public lands, allowing them a clearer path to seek compensation.
Incentivizes the state and towns to maintain higher safety standards in parks and recreational areas to avoid potential litigation.
Could lead to the closure of public parks, trails, or recreational areas if the state or towns fear they cannot afford the increased liability risks.
May divert taxpayer funds away from social services and community programs to pay for legal defense fees and insurance settlements.
Might discourage the government from acquiring new land for public conservation or recreation due to the fear of legal repercussions.

For Conservatives

Clarifies the distinction between private property rights and government property, ensuring that laws designed to protect private citizens are not co-opted by the state.
Prevents the government from shielding itself from accountability, adhering to the principle that the government should not be above the consequences of its own negligence.
Potentially encourages better management of government assets by removing a layer of bureaucratic protection against liability.
Likely increases the burden on taxpayers, who will ultimately foot the bill for increased lawsuits, settlements, and insurance premiums for the state and towns.
Could result in a "nanny state" reaction where the government bans various recreational activities on public land to avoid the risk of being sued.
Increases the size and cost of the legal system by encouraging litigation against municipalities and the state.

Votes

Loading votes...

Full Bill Text

Changes to existing Rhode Island law · 1 addition · 1 deletion

SECTION 1. Section 32-6-2 of the General Laws in Chapter 32-6 entitled "Public Use of Private Lands — Liability Limitations" is hereby amended to read as follows: 32-6-2. Definitions. As used in this chapter:

(1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land;

(2) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;

(3) “Owner” means the private-owner possessor of a fee interest, or tenant, lessee, occupant, or person in control of the premises~~, including the state and municipalities~~;

(4) “Recreational purposes” includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, horseback riding, bicycling, pleasure driving, nature study, water skiing, water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, and all other recreational purposes contemplated by this chapter; and

(5) “User” means any person using land for recreational purposes.

SECTION 2. This act shall take effect upon passage.