The House Transportation Committee has voted out that seeks to clarify whether towns can maintain trails that run across private land.
Tunbridge property owner John Echeverria is suing the town because he says he has the authority to control the maintenance on the two public town trails on his land.
Echeverria allows the public to use the trails for walking, but he does not want bicyclists there, and so he filed the lawsuit to prevent the town from removing some large trees that are currently blocking access.
That high profile case is in Orange County Superior Court, and outdoor recreation advocates have been asking lawmakers to pass legislation that would authorize municipalities to clear away downed trees and do other work to keep trails accessible to the public.
An original bill that was introduced in the Senate did not make it out of committee, but then the House Transportation Committee included it in .
Josh Hanford, director of intergovernmental relations for the Vermont League of Cities and Towns, said the lawsuit is having ripples across the state, as municipalities are holding back on trail work.
He said the House provision clarifies the authority towns have to do the trail maintenance, even on private land, if the owner is opposed to the work.
鈥淭his is critical to clear up any confusion here,鈥� Hanford said. 鈥淭his is the time of year where people do trail maintenance, so it鈥檚 really important to have this clarity before we get into the summer months.鈥�
But during the committee debate, Republican Rutland Rep. Patricia McCoy said lawmakers should hold back and wait for the court decision before addressing the issue.
鈥淚t鈥檚 in a court of law, and that鈥檚 my concern with actually having it in the bill,鈥� McCoy said. 鈥淚 think we should let it play out, and then deal with it next year.鈥�
There are more than 500 miles of public trails that go through private land in Vermont, and it鈥檚 not clear how the new legislation could affect the issue if the property owner wins his case.
More from 开云体育: Most of Vermont's public trails are on private land. Is that sustainable?
Echeverria, the property owner, is also a Vermont Law School professor who has argued property law cases before the U.S. Supreme Court.
Echeverria told the committee that the proposed legislation would expand ownership rights to the towns, on to the land that they do not own.
He said the new legislation would violate the U.S. and Vermont Constitutions without offering compensation for the taking of property, and he also asked lawmakers to put off making any changes until the court case is resolved.
鈥淭here is no emergency. I know that interest groups, and bicyclists who are writing you letters urging prompt action,鈥� he said. 鈥淭here鈥檚 no need for the Legislature to take precipitous action in order to address some serious emergency.鈥�
