MARVIN MANDEL, Governor                                 823

GRANTORS OF RIGHTS-OF-WAY.

(A) JURISDICTION AND CONTROL; DEPARTMENT TO
PROVIDE SHELTERS ON TRAIL; AGREEMENTS TO TRANSFER LAND
OR RIGHTS IN LAND TO DEPARTMENT; MAINTENANCE OF
TRAIL.—THE DEPARTMENT HAVING ACQUIRED THE LAND,
RIGHTS-OF-WAY, AND EASEMENTS FOR THE PURPOSE OF
PROTECTING AND MAINTAINING A WALKING TRAIL ACROSS THE
STATE, NOW GENERALLY KNOWN AS THE APPALACHIAN TRAIL,
MAY PROVIDE SHELTERS AND OTHER FACILITIES ON IT. ANY
UNIT OF THE STATE, OR ANY POLITICAL SUBDIVISION, MAY
TRANSFER TO THE DEPARTMENT LAND OR RIGHTS IN LAND FOR
THESE PURPOSES, ON TERMS AND CONDITIONS AGREED UPON,
OR ENTER INTO AN AGREEMENT WITH THE DEPARTMENT
PROVIDING FOR ESTABLISHMENT AND PROTECTION OF THE
TRAIL. THE DEPARTMENT MAY ENTER INTO COOPERATIVE
AGREEMENTS WITH AGENCIES OF THE FEDERAL GOVERNMENT OR
PRIVATE ORGANIZATIONS TO PROVIDE FOR THE MAINTENANCE
OF THE TRAIL.

(E) USE OF TRAIL AND LAND; PRESERVATION OF

SCENIC BEAUTY.--THE TRAIL SHALL BE HELD, DEVELOPED,

AND ADMINISTERED PRIMARILY AS A FOOTPATH AND ITS
NATURAL SCENIC BEAUTY PRESERVED AS FAR AS FEASIBLE.
HOWEVER, THE DEPARTMENT MAY PERMIT OTHER USES OF THE
TRAIL AND ASSOCIATED LAND ACQUIRED BY THE STATE, BY
THE OWNER OF ADJOINING LAND, OR OTHERS, IN A MANNER
AND AT SEASONS AS WILL NOT SUBSTANTIALLY INTERFERE
WITH PRIMARY USE OF THE TRAIL.

(C) LIABILITY OF GRANTORS OF
RIGHTS-OF-WAY.—THIS SECTION DOES NOT LIMIT THE RIGHT
OF THE PUBLIC TO PASS OVER ANY EXISTING PUBLIC ROAD
WHICH IS A PART OF THE TRAIL, NOR PREVENT THE
DEPARTMENT FROM PERFORMING WORK NECESSARY FOR FOREST
FIRE PREVENTION AND CONTROL, PEST AND DISEASE CONTROL,
AND REMOVAL OF DAMAGE CAUSED BY NATURAL DISASTER. THE
DEPARTMENT MAY GRANT TEMPORARY OR PERMANENT
RIGHTS-OF-WAY ACROSS LANDS ACQUIRED UNDER THIS SECTION
UNDER TERMS AND CONDITIONS DEEMED ADVISABLE. NO
PERSON WHO HAS GRANTED A RIGHT-OF-WAY FOR THE TRAIL
ACROSS HIS LAND, OR HIS SUCCESSOR IN TITLE, IS LIABLE
TO ANY USER OF THE TRAIL FOR INJURIES SUFFERED ON THAT
PORTION OF THE TRAIL UNLESS THE INJURIES WERE CAUSED
BY THE WILLFUL OR WANTON MISCONDUCT OF THE PERSON, OR
HIS SUCCESSOR IN TITLE, WHO HAS BEEN GRANTED A
RIGHT-OF-WAY.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 387A of the Code.
This section has been redrafted for