§ 41-10-864 — Liability Protections

(a) The protections from liability under Article 2 of Chapter 15 of Title 35, shall extend to both of the following:
(1) Any donated property for so long as that property is used as a greenway trail in a manner that complies with the master plan.
(2) The owner, lessee, or person otherwise in control of an abutting property, regardless of whether they have opened the abutting property to recreation in accordance with Article 2 of Chapter 15 of Title 35, provided that the abutting property is fenced and the fence is reasonably maintained or that the property owner has requested a fence to be constructed and is awaiting construction of the fence.
(b) Subsection (a) shall not be construed to remove the protections from liability under Article 2 of Chapter 15 of Title 35, from any property that is otherwise eligible for those protections pursuant to that article.

Legislative History

(Act 2023-545, §5.)