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Founded 1895
Connecticut Forest and Park Association

Trail Protection

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  A Guide to Protecting Our Blue Trails

The statewide Blue-Blazed Hiking Trail system, established by the CFPA in 1929, has grown to over 700 miles today. The Blue-Blazed Trails are managed and maintained by CFPA volunteers. CFPA is a private non-profit organization dedicated to the conservation and broad public enjoyment of forests, parks, and hiking trails in Connecticut.

Landowner Liability Law

The majority of the Blue-Blazed Trails are on private land and continue to be available for public use through the good will of the landowner. In 1971 the Connecticut General Assembly passed a resolution which '...declares that the Blue-Blazed Trail System shall be an integral part of the State Plan of Conservation and Development and that appropriate actions be taken to foster its preservation.'

The Landowner Liability Law (Connecticut General Statutes Section 52-557) ensures that any individual landowner who allows his/her land to be used by the public for recreation without charge is protected from any liability.


Trails Are Threatened

Connecticut's Blue-Blazed Hiking Trails need protection because:


What You Can Do

CFPA depends upon concerned individuals, especially those who hold positions of public trust, to help protect the 'quality of life' enhanced by trails in each community.

You can:

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 Landowner Liability Law

 

Connecticut General Statutes as amended

Sec. 52-557f. Definitions. As used in sections 52-557f to 52-557I, inclusive: (a) 'Land' means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty; (b) 'owner' means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises; (c) 'recreational purpose' includes, but is not limited to, any of the following, or any combination thereof; Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, snow skiing, ice skating, sledding, and viewing or enjoying historical, archaeological, scenic, or scientific sites, or cutting and removing wood; (d) 'charge' means the admission price or fee asked in return for invitation or permission to enter or go upon the land.

Sec. 52-557g. Owner of land available to public for recreation not liable, when. (a) Except as provided in Section 52-557h, an owner of land who makes all or any part of such land available to the public without charge, rent, fee or other commercial service for recreational purposes owes no duty of care to keep such land or the part thereof so made available safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on such premises to persons entering for such purposes.

(b) Except as provided in section 52-557h, an owner of land who, either directly or indirectly, invites or permits without charge, rent, fee, or other commercial service any person to use such land or part thereof for recreational purposes does not thereby: (1) Make any representation that the premises are safe for any purpose; (2) confer upon such person who enters or uses such land for such recreational purposes the legal status of an invitee or licensee to whom a duty of care is owed; (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such power.

(c) Unless otherwise agreed in writing, the provisions of subsection (a) and (b) of this section shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.

Sec. 52-557h. Owner liable, when. Nothing in sections 52-557f to 52-557I, inclusive, limits in any way the liability of any owner of land which otherwise exists: (a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; (b) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that, in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.

Sec. 52-557I. Obligation of user of land. Nothing in sections 52-557f to 52-557I, inclusive, shall be construed to relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of said sections to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.

Sec. 52-557j. Liability of landowner upon whose land snowmobiles, all terrain vehicles, motorcycles, mini-bikes or mini cycles are operated. No landowner shall be liable for any injury sustained by any person operating a snowmobile, all terrain vehicle, as defined in section 14-379, motorcycle or a mini-bike or mini cycle, as described in section 14-1, upon such landowner's property or by any passenger in such snowmobile, all terrain vehicle, motorcycle, mini-bike or mini cycle, whether or not such landowner has given permission, written or oral, for such operation upon his land unless such landowner charged a fee for such operation, or unless such injury is caused by the willful or malicious conduct of such landowner.

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