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Recreational Use Statutes - State by State

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Recreational Use Statutes - State by State

PostPosted: Mon Jan 04, 2016 12:47 am
by Bob Kuczewski
Recreational Use Statutes - State by State

This topic is intended as a collection point for Recreational Use Statutes from all 50 U.S. states and possibly from other countries as well.

These statutes are being provided to assist pilots in obtaining the information needed to work with landowners in gaining access to flying sites.

Please put each state or country in a separate post, and please include a reference link with each post. It may also be helpful to try to maintain somewhat consistent formatting when possible:

  • Surround the state name with: [size=200][b] and [/b][/size].
  • Indent the link with: [4][/4]
  • Surround the link with: [url] and [/url]
  • If you find the phrase "hang gliding" (or "hand gliding" :roll: ), highlight it with:
        [bg=#ff8888][1][/1] and [1][/1][/bg]

Thanks in advance for all contributions!!

Alphabetical index by state:



Also see Recreational Aviation Foundation (http://theraf.org)

Note: These links may log you out. If that happens, just use the back button to come back to this page and you should be logged in again.

Re: Recreational Use Statutes - State by State

PostPosted: Mon Jan 04, 2016 12:47 am
by Bob Kuczewski
California

    From: http://leginfo.legislature.ca.gov

CAL CIV 846 wrote:
CIVIL CODE - CIV

DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. )

PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. )

TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. )

CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

846.

(a) An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on those premises to persons entering for a recreational purpose, except as provided in this section.

(b) A “recreational purpose,” as used in this section, includes activities such as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning,  hang gliding , private noncommercial aviation activities, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites.

(c) An owner of any estate or any other interest in real property, whether possessory or nonpossessory, who gives permission to another for entry or use for the above purpose upon the premises does not thereby do any of the following:

(1) Extend any assurance that the premises are safe for that purpose.

(2) Constitute the person to whom permission has been granted 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 any act of the person to whom permission has been granted except as provided in this section.


(d) This section does not limit the liability which otherwise exists for any of the following:

(1) Willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity.

(2) Injury suffered in any case where permission to enter for the above purpose was granted for a consideration other than the consideration, if any, paid to said landowner by the state, or where consideration has been received from others for the same purpose.

(3) Any persons who are expressly invited rather than merely permitted to come upon the premises by the landowner.


(e) This section does not create a duty of care or ground of liability for injury to person or property.

(Amended by Stats. 2018, Ch. 92, Sec. 33. (SB 1289) Effective January 1, 2019.)


    From: http://leginfo.legislature.ca.gov

CAL GOV 831.7 wrote:
GOVERNMENT CODE - GOV

TITLE 1. GENERAL [100 - 7914] ( Title 1 enacted by Stats. 1943, Ch. 134. )

DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 - 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. )

PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814 - 895.8] ( Part 2 added by Stats. 1963, Ch. 1681. )

CHAPTER 2. Dangerous Conditions of Public Property [830 - 840.6] ( Chapter 2 added by Stats. 1963, Ch. 1681. )

ARTICLE 1. General [830 - 831.8] ( Article 1 added by Stats. 1963, Ch. 1681. )

831.7.

(a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity.

(b) As used in this section, “hazardous recreational activity” means a recreational activity conducted on property of a public entity that creates a substantial, as distinguished from a minor, trivial, or insignificant, risk of injury to a participant or a spectator.

“Hazardous recreational activity” also means:

(1) Water contact activities, except diving, in places where, or at a time when, lifeguards are not provided and reasonable warning thereof has been given, or the injured party should reasonably have known that there was no lifeguard provided at the time.

(2) Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given.

(3) Animal riding, including equestrian competition, archery, bicycle racing or jumping, bicycle motocross, mountain bicycling, boating, cross-country and downhill skiing,  hang gliding , kayaking, motorized vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, self-contained underwater breathing apparatus (SCUBA) diving, spelunking, skydiving, sport parachuting, paragliding, body contact sports, surfing, trampolining, tree climbing, tree rope swinging, waterskiing, white water rafting, and windsurfing. For the purposes of this subdivision, “mountain bicycling” does not include riding a bicycle on paved pathways, roadways, or sidewalks. For the purpose of this paragraph, “body contact sports” means sports in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants.


(c) (1) Notwithstanding subdivision (a), this section does not limit liability that would otherwise exist for any of the following:

(A) Failure of the public entity or employee to guard or warn of a known dangerous condition or of another hazardous recreational activity known to the public entity or employee that is not reasonably assumed by the participant as inherently a part of the hazardous recreational activity out of which the damage or injury arose.

(B) Damage or injury suffered in any case where permission to participate in the hazardous recreational activity was granted for a specific fee. For the purpose of this subparagraph, “specific fee” does not include a fee or consideration charged for a general purpose such as a general park admission charge, a vehicle entry or parking fee, or an administrative or group use application or permit fee, as distinguished from a specific fee charged for participation in the specific hazardous recreational activity out of which the damage or injury arose.

(C) Injury suffered to the extent proximately caused by the negligent failure of the public entity or public employee to properly construct or maintain in good repair any structure, recreational equipment or machinery, or substantial work of improvement utilized in the hazardous recreational activity out of which the damage or injury arose.

(D) Damage or injury suffered in any case where the public entity or employee recklessly or with gross negligence promoted the participation in or observance of a hazardous recreational activity. For purposes of this subparagraph, promotional literature or a public announcement or advertisement that merely describes the available facilities and services on the property does not in itself constitute a reckless or grossly negligent promotion.

(E) An act of gross negligence by a public entity or a public employee that is the proximate cause of the injury.


(2) Nothing in this subdivision creates a duty of care or basis of liability for personal injury or damage to personal property.


(d) Nothing in this section limits the liability of an independent concessionaire, or any person or organization other than the public entity, whether or not the person or organization has a contractual relationship with the public entity to use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity on public property by the concessionaire, person, or organization.

(Amended by Stats. 2014, Ch. 913, Sec. 17. (AB 2747) Effective January 1, 2015.)

Re: Recreational Use Statutes - State by State

PostPosted: Mon Jan 04, 2016 12:48 am
by wingspan33
New York

    From: https://www.americanwhitewater.org/resources/repository/New_York_Recreational_Use_Statute.htm

New York Recreational Use Statute

New York Consolidated Laws
GENERAL OBLIGATIONS LAW
ARTICLE 9: Obligations of Care
TITLE 1: Conditions on Real Property

§ 9-103. No duty to keep premises safe for certain uses; responsibility for acts of such users

1. Except as provided in subdivision two,

a. an owner, lessee or occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty to keep the premises safe for entry or use by others for hunting, fishing, organized gleaning as defined in section seventy- one-y of the agriculture and markets law, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding,  hang gliding , motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes or training of dogs, or to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes;

b. an owner, lessee or occupant of premises who gives permission to another to pursue any such activities upon such premises does not thereby

(1) extend any assurance that the premises are safe for such purpose, or

(2) constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or

(3) assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.

c. an owner, lessee or occupant of a farm, as defined in section six hundred seventy-one of the labor law, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty to keep such farm safe for entry or use by a person who enters or remains in or upon such farm without consent or privilege, or to give warning of any hazardous condition or use of or structure or activity on such farm to persons so entering or remaining. This shall not be interpreted, or construed, as a limit on liability for acts of gross negligence in addition to those other acts referred to in subdivision two of this section.

2. This section does not limit the liability which would otherwise exist

a. for willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity; or

b. for injury suffered in any case where permission to pursue any of the activities enumerated in this section was granted for a consideration other than the consideration, if any, paid to said landowner by the state or federal government, or permission to train dogs was granted for a consideration other than that provided for in section 11- 0925 of the environmental conservation law; or

c. for injury caused, by acts of persons to whom permission to pursue any of the activities enumerated in this section was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.

3. Nothing in this section creates a duty of care or ground of liability for injury to person or property.

Re: Recreational Use Statutes - State by State

PostPosted: Mon Jan 04, 2016 1:36 pm
by Bill Cummings
New Mexico
From : http://asci.uvm.edu/equine/law/recreate/nm_rec.htm
New Mexico Recreational Use Statute

NEW MEXICO STATUTES
CHAPTER 17. GAME AND FISH
ARTICLE 4. PROPAGATION OF FISH AND GAME



17-4-7. Liability of landowner permitting persons to hunt, fish or use lands for recreation; duty of care; exceptions

A. Any owner, lessee or person in control of lands who, without charge or other consideration, other than a consideration paid to said landowner by the state, the federal government or any other governmental agency, grants permission to any person or group to use his lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing or any other recreational use does not thereby:

(1) extend any assurance that the premises are safe for each purpose; or

(2) assume any duty of care to keep such lands safe for entry or use; or

(3) assume responsibility or liability for any injury or damage to, or caused by, such person or group;

(4) assume any greater responsibility, duty of care or liability to such person or group, than if such permission had not been granted and such person or group were trespassers.

B. This section shall not limit the liability of any landowner, lessee or person in control of lands which may otherwise exist by law for injuries to any person granted permission to hunt, fish, trap, camp, hike, sightsee or use the land for recreation in exchange for a consideration, other than a consideration paid to said landowner by the state, the federal government or any other governmental agency.

Below jump to actual state statute or code:
From: http://theraf.org/sites/default/files/r ... _10555.pdf

Below actual wording of statute or code for New Mexico (USA)
From: http://theraf.org/sites/default/files/r ... _96249.pdf

Re: Recreational Use Statutes - State by State

PostPosted: Tue Jan 05, 2016 8:23 pm
by Rick Masters
Alaska

from: http://touchngo.com/lglcntr/akstats/Statutes/Title09/Chapter65/Section200.htm

AS 09.65.200. Tort Immunity For Personal Injuries or Death Occurring On Unimproved Land.

(a) An owner of unimproved land is not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person who enters onto or remains on the unimproved portion of land if
  (1) the injury or death resulted from a natural condition of the unimproved portion of the land or the person entered onto the land for recreation; and
  (2) the person had no responsibility to compensate the owner for the person's use or occupancy of the land.
(b) This section does not enhance or diminish rights granted under former 43 U.S.C. 932 (R.S. 2477).
(c) In this section, "unimproved land" includes land that contains
  (1) a trail;
  (2) an abandoned aircraft landing area; or
  (3) a road built to provide access for natural resource extraction, but which is no longer maintained or used.

Re: Recreational Use Statutes - State by State

PostPosted: Tue Jan 05, 2016 8:44 pm
by Rick Masters
Utah

from: http://le.utah.gov/~2013/bills/static/hb0347.html

...120 [57-14-4]. 57-14-202. Use of private land without charge -- Effect.
121 [(1)] Except as provided in Subsection [ 57-14-6 ] 57-14-204 (1), an owner of land who
122 either directly or indirectly invites or permits without charge, or for a nominal fee of [not] no
123 more than $1 per year, any person to use the owner's land for any recreational purpose, or an
124 owner of a public access area open to public recreational access under Title 73, Chapter 29,
125 Public Waters Access Act, does not [thereby]:
126 [(a)] (1) make any representation or extend any assurance that the [premises are] land
127 is safe for any purpose;
128 [(b)] (2) confer upon the person the legal status of an invitee or licensee to whom a
129 duty of care is owed;
130 [(c)] (3) assume responsibility for or incur liability for any injury to persons or property
131 caused by an act or omission of the person or any other person who enters upon the land; or
132 [(d)] (4) owe any duty to curtail the owner's use of [his] the land during its use for
133 recreational purposes.

Re: Recreational Use Statutes - State by State

PostPosted: Tue Jan 05, 2016 10:31 pm
by JoeF
Suggestion: US Hawks forum have a blog for each state's land recreational-use immunity statute. In such blog notes and cases tried in each subject case may be discussed. States differ in their experiences and lands. States differ in the maturity of their appreciation of the merits of their citizens recreation. Recreational hang gliders then could also identify with the blog of their state. The sector of the blogs for the states' special statutes could have an intro that gives a table of contents with links to each blog.

Re: Recreational Use Statutes - State by State

PostPosted: Tue Jan 05, 2016 11:38 pm
by Bob Kuczewski
JoeF wrote:Suggestion: US Hawks forum have a blog for each state's land recreational-use immunity statute. In such blog notes and cases tried in each subject case may be discussed. States differ in their experiences and lands. States differ in the maturity of their appreciation of the merits of their citizens recreation. Recreational hang gliders then could also identify with the blog of their state. The sector of the blogs for the states' special statutes could have an intro that gives a table of contents with links to each blog.


If we collect enough, I might create a separate subforum just for this kind of information. Right now, our only geographic categories are the Chapters themselves. As we grow, it might be helpful to group them into "regions" of some sort. I think the Recreational Use Statutes by state can then migrate (or be duplicated) in those regions. Of course, the Blog Forum is open to anyone who wants to create a more specialized topic on anything - including any particular land use statutes that they find particularly worthy of a separate discussion. I started this topic just to get the ball rolling and to see how much interest there might be in creating a more complete list.

Re: Recreational Use Statutes - State by State

PostPosted: Wed Jan 06, 2016 12:25 am
by JoeF
Alabama
Alabama Code - Article 2: LIMITATION OF LIABILITY FOR NON-COMMERCIAL PUBLIC RECREATIONAL USE OF LAND -
See more at: http://codes.lp.findlaw.com/alcode/35/15/2#sthash.t8fJKAwR.dpuf
===================================
Section 35-15-20 LEGISLATIVE INTENT
Section 35-15-21 DEFINITIONS
Section 35-15-22 INSPECTION AND WARNING NOT REQUIRED
Section 35-15-23 LIMITATIONS ON LEGAL LIABILITY OF OWNER
Section 35-15-24 OTHERWISE EXISTING LIABILITY NOT LIMITED
Section 35-15-25 DUTY OF CARE BY PERSONS USING OUTDOOR RECREATIONAL LAND
Section 35-15-26 PROVISIONS NOT APPLICABLE TO COMMERCIAL RECREATIONAL ENTERPRISE
Section 35-15-27 GOVERNMENTAL IMMUNITY
Section 35-15-28 OWNER MUST ESTABLISH PUBLIC USE

Re: Recreational Use Statutes - State by State

PostPosted: Mon Jun 13, 2016 10:02 pm
by Bill Cummings
Bumped
Bob Kuczewski wrote:Recreational Use Statutes - State by State

This topic is intended as a collection point for Recreational Use Statutes from all 50 U.S. states and possibly from other countries as well.

These statutes are being provided to assist pilots in obtaining the information needed to work with landowners in gaining access to flying sites.

Please put each state or country in a separate post, and please include a reference link with each post. It may also be helpful to try to maintain somewhat consistent formatting when possible:

  • Surround the state name with: [size=200][b] and [/b][/size].
  • Indent the link with: [4][/4]
  • Surround the link with: [url] and [/url]
  • If you find the phrase "hang gliding" (or "hand gliding" :roll: ), highlight it with:
        [bg=#ff8888][1][/1] and [1][/1][/bg]

Thanks in advance for all contributions!!
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