Hamilton’s landowner immunity bill gets committee approval

January 29, 2018 Carey Hamilton

INDIANAPOLIS – An Indiana House committee has endorsed legislation authored by State Representative Carey Hamilton (D-Indianapolis) designed to provide greater immunity for landowners who live along public access areas like the Monon Trail.

House Bill 1115, approved in the House Judiciary Committee, was generated from concerns expressed by her constituents in the 87th House District who live near the Monon. The legislation is designed to make sure a landowner remains immune from liability if a person were to be injured while passing through the landowner’s property to get to a public access area, such as a trail, greenway or park.

“This bill was important to me because several of my constituents came to me, raising concerns about people using their property to access a trail,” said Rep. Hamilton. “They were worried that they could be held liable for an incident happening on their property. For example, if someone walking across their property to get to the trail would fall and become injured, this bill would protect the landowner from having to pay costs resulting from that injury.

“I first learned of this issue last summer, when several constituents shared their concerns about liability should their neighbors access the Monon Trail through their property,” she continued. “I felt their concerns were valid, and it is rewarding to see the Legislature willing to address this matter.”