Kotek signs bill reopening hiking trails and recreation sites
Gov. Tina Kotek signed legislation Wednesday that should reopen hiking and recreation sites that were previously closed by restoring liability protection for cities and counties.
Kotek signed Senate Bill 1576, which includes an amendment to temporarily restore the legal power of recreational immunity — a law that protects landowners who open their land for recreation.
State Sen. Floyd Prozanski, D-Eugene, sponsored the legislation.
The law was thrown into question last July when Oregon’s Court of Appeals ruled the city of Newport couldn’t use recreational immunity to dismiss a lawsuit from a woman who sued the city after slipping and breaking her leg while crossing a trail bridge.
The ruling sparked a wave of trail closures from cities worried about an uptick in lawsuits they couldn’t afford to fight.
CIS Oregon, which provides insurance to most Oregon cities and counties, said the court had “effectively ended recreational immunity” and local governments should consider closing trails.
In response, some 22 trails were closed, mostly on the coast. A number of other trail projects being planned were also put on hold, multiple city officials said.
SB 1576 temporarily reverses that.
“SB 1576 allows cities to open, and keep open, trails, bridges, and staircases to allow Oregonians and their guests to recreate without carrying extra liability and risk for the public,” said Scott Winkels, a lobbyist for the League of Oregon Cities which pushed for the bill.
After Kotek signed the bill, CIS Oregon said cities
were free to reopen trails.
“Because SB 1576 went into effect immediately, all trails that were previously closed due to the Fields v. City of Newport court decision can now be reopened without undue risk to local government budgets and programs,” the insurance company said in a statement. “CIS’ previous advice to close improved trails is rescinded.”
The company added: “CIS is very happy to encourage local governments throughout Oregon to let their constituents know that all trails and recreational opportunities are open for business once again and will remain open throughout the summer season.”
The bill, which was only meant to be a temporary fix, sunsets in 2026. A working group is expected to take up a longer-term fix to recreational immunity in the coming year and bring forward legislation in the longer 2025 session.
“We look forward to working in the 2025 legislative session towards a durable solution to protect access to free recreation,” Winkles added.
The main opponent of the bill was the Oregon Trial Lawyers Association, which has argued cities and counties should not enjoy such broad protection from lawsuits.
Recreational immunity “further reduces the financial incentive for cities, counties and the state to keep our families and communities safe,” the advocacy group previously said. “They will now have no responsibility to maintain safe trails, bike lanes and parks.”