Mitigating Trail Troubles: An Analysis of the Virginia Recreational Land Use Statute

Abstract

While the overall focus of this discussion is on the law of Virginia, it is often useful to look elsewhere for comparative purposes. This is especially important when it involves considering the future of Virginia’s recreational land use statute. The overall objective of this discussion is to supplement Virginia’s existing recreational land use legal regime by exploring specific issues related to Virginia’s statutory scheme and identifying areas where further research may be needed. Four issues involving recreational land use statutes are explored herein. First, the scope of recreational use statutes, namely in Virginia, is examined. This issue addresses the substance of these types of statutes and what these statutes convey in terms of legal rights and protections for both landowners and the public. Second, issues and questions involving admission fees and other types of landowner compensation are discussed in terms of how fees and compensation might incentive use of the recreational land use statute in Virginia. Third, public and private entity protection under these types of statutes is examined. Fourth and finally, general awareness of these statutes, namely in Virginia, is explored. This abstract has been taken from the authors\u27 introduction

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