PRINTER'S NO. 72
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
83
Session of
2023
INTRODUCED BY OBERLANDER, JAMES, ZIMMERMAN AND MOUL,
MARCH 7, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 7, 2023
AN ACT
Amending the act of February 2, 1966 (1965 P.L.1860, No.586),
entitled "An act encouraging landowners to make land and
water areas available to the public for recreational purposes
by limiting liability in connection therewith, and repealing
certain acts," further providing for definitions; and
providing for recreational user's claim for property rights
and for the substitution of the Department of Conservation
and Natural Resources for a party in litigation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of February 2, 1966 (1965
P.L.1860, No.586), entitled "An act encouraging landowners to
make land and water areas available to the public for
recreational purposes by limiting liability in connection
therewith, and repealing certain acts," is amended by adding
definitions to read:
Section 2. As used in this act:
* * *
(6) "Local agency" means a "local agency" as defined in 2
Pa.C.S. ยง 101 (relating to definitions).
(7) "Public entity" means the Commonwealth, a Commonwealth
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agency, a political subdivision or a local agency.
Section 2. The act is amended by adding a section to read:
Section 7.1. A person or entity, other than a public entity,
may not make a claim for a prescriptive easement for the benefit
of the public.
Section 3. The addition of the definitions of "local agency"
and "public entity" in section 2 and section 7.1 of the act
shall apply retroactively to a claim which arose within 21 years
of the effective date of this section.
Section 4. The Department of Conservation and Natural
Resources shall be substituted for the person or entity, other
than a public entity, making a claim for a prescriptive easement
for the benefit of the public in any litigation pending on or
after the effective date of this section.
Section 5. This act shall take effect immediately.
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