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Re: Recreational Use Statutes - State by State

Postby Keith Beebe » Wed Jun 15, 2016 7:56 pm

Mass Law--Public  use.PNG
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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Tue Dec 26, 2017 2:59 pm

I just found this listing of recreational land use statutes for all 50 states:

http://theraf.org/menu/recreational-use-statutes
Updated to: https://theraf.org/advocacy/#recreational-use-statutes    Thanks Bill!

The list is provided by The Recreational Aviation Foundation.
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Re: Recreational Use Statutes - State by State

Postby SamKellner » Tue Dec 26, 2017 5:54 pm

Great find Bob ! :clap: :thumbup: :clap: :thumbup: :clap: :thumbup:

:wave:
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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Tue Dec 26, 2017 10:37 pm

SamKellner wrote:Great find Bob ! :clap: :thumbup: :clap: :thumbup: :clap: :thumbup:

:wave:


Thanks Sam!!

Here are the links from their reference section:

raf_logo_v4.png
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Published on Recreational Aviation Foundation (http://theraf.org)

Source URL: http://theraf.org/content/50-state-survey

Links
[1] http://codes.lp.findlaw.com/alcode/35/15
[2] http://codes.lp.findlaw.com/akstatutes/ ... /09.65.093
[3] http://www.azleg.gov/FormatDocument.asp ... &Title
[4] http://www.lexisnexis.com/hottopics/arc ... p18-11-301
[5] http://www.lexisnexis.com/hottopics/arcode/Default.asp
[6] http://leginfo.legislature.ca.gov/faces ... ionNum=846
[7] http://www.lexisnexis.com/hottopics/Colorado/
[8] https://www.cga.ct.gov/current/pub/chap ... ec_52-557f
[9] http://delcode.delaware.gov/title7/c059/index.shtml
[10] http://www.leg.state.fl.us/STATUTES/ind ... 5.251.html
[11] http://law.justia.com/codes/georgia/201 ... article-2/
[12] http://www.capitol.hawaii.gov/hrscurren ... 0-0002.htm
[13] http://legislature.idaho.gov/idstat/Tit ... 6-1604.htm
[14] http://www.ilga.gov/legislation/ilcs/il ... apterID=58
[15] http://iga.in.gov/legislative/laws/2015 ... icles/022/
[16] https://www.legis.iowa.gov/docs/code/2015/461C.rtf
[17] http://www.kslegislature.org/li/b2015_1 ... 32_0001_k/
[18] http://www.kslegislature.org/li/b2015_1 ... 32_0002_k/
[19] http://www.lrc.ky.gov/Statutes/statute.aspx?id=17787
[20] http://legis.la.gov/Legis/Law.aspx?d=107232
[21] http://legislature.maine.gov/statutes/1 ... 159-A.html
[22] http://mgaleg.maryland.gov/webmga/frmSt ... b=subject5
[23] http://mgaleg.maryland.gov/webmga/frmSt ... b=subject5
[24] https://malegislature.gov/Laws/GeneralL ... B/Section1
[25] https://malegislature.gov/Laws/GeneralL ... Section17C
[26] http://www.legislature.mi.gov/(S(l3kugtkvkcwxvlfk3hgpqtbc))/mileg.aspx?page=getObject&objectName=mcl-324-73301
[27] https://www.revisor.mn.gov/statutes/?id=604A.21
[28] https://www.revisor.mn.gov/statutes/?id ... 360.013.45
[29] http://www.lexisnexis.com/hottopics/mscode/
[30] http://www.moga.mo.gov/mostatutes/stath ... 03551.html
[31] http://leg.mt.gov/bills/mca/70/16/70-16-301.htm
[32] http://leg.mt.gov/bills/mca/70/16/70-16-302.htm
[33] http://nebraskalegislature.gov/laws/sta ... ute=37-729
[34] http://nebraskalegislature.gov/laws/sta ... ute=37-730
[35] http://nebraskalegislature.gov/laws/sta ... ute=37-736
[36] http://www.leg.state.nv.us/Division/Leg ... S041Sec510
[37] http://www.gencourt.state.nh.us/rsa/htm ... 22-mrg.htm
[38] http://lis.njleg.state.nj.us/cgi-bin/om ... =13&zz
[39] http://public.nmcompcomm.us/nmpublic/ga ... efault.htm
[40] http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO
[41] http://www.ncleg.net/gascripts/statutes ... tute=38A-2
[42] http://www.legis.nd.gov/cencode/t53c08. ... 0923200714
[43] http://codes.ohio.gov/orc/1533
[44] http://www.oscn.net/applications/oscn/D ... eID=440637
[45] https://olis.leg.state.or.us/liz/2015R1 ... 8/Enrolled
[46] http://webserver.rilin.state.ri.us/stat ... 32-6-2.HTM
[47] http://www.scstatehouse.gov/code/t27c003.php
[48] http://legis.sd.gov/Statutes/Codified_L ... te=20-9-12
[49] http://www.lexisnexis.com/hottopics/tncode/
[50] http://www.statutes.legis.state.tx.us/D ... =liability
[51] http://le.utah.gov/xcode/Title57/Chapte ... -S102.html
[52] http://www.lexisnexis.com/hottopics/vts ... stctrules/
[53] http://law.lis.virginia.gov/vacode/titl ... on5.1-7.3/
[54] http://law.lis.virginia.gov/vacode/5.1-7.2/
[55] http://app.leg.wa.gov/RCW/default.aspx?cite=4.24.210
[56] http://www.legis.state.wv.us/WVCODE/Cod ... ;art=25#25
[57] http://docs.legis.wisconsin.gov/search/ ... ium%3A2015
[58] http://docs.legis.wisconsin.gov/documen ... /340.01(74)
[59] http://docs.legis.wisconsin.gov/documen ... tes/23.115
[60] http://docs.legis.wisconsin.gov/documen ... 14.002(18m)
[61] http://legisweb.state.wy.us/LSOWEB/wyStatutes.aspx


The "Recreational Aviation Foundation" sounds like a closer spirit to the US Hawks than .... USHPA!!
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Re: Recreational Use Statutes - State by State

Postby Bill Cummings » Tue Dec 26, 2017 11:08 pm

Colorado

    https://www.americanwhitewater.org/resources/repository/Colorado_Recreational_Use_Statute.htm
 
 
 
 
 
 
 
Moderator's Note: Bill has provided an updated link to the Colorado statute on Page 3.
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Re: Recreational Use Statutes - State by State

Postby Bill Cummings » Tue Dec 26, 2017 11:25 pm

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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Wed Dec 27, 2017 10:26 am

Florida

    From: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0375/Sections/0375.251.html

375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge.

(1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas.

(2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any purpose;
2. Does not incur any duty of care toward a person who goes on the area; or
3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area.
(b) Notwithstanding the inclusion of the term “public” in this subsection and subsection
(1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area.
(c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes.

(3)(a) An owner of an area who enters into a written agreement concerning the area with the state for outdoor recreational purposes, where such agreement recognizes that the state is responsible for personal injury, loss, or damage resulting in whole or in part from the state’s use of the area under the terms of the agreement subject to the limitations and conditions specified in s. 768.28, owes no duty of care to keep the area safe for entry or use by others, or to give warning to persons entering or going on the area of any hazardous conditions, structures, or activities thereon. An owner who enters into a written agreement concerning the area with the state for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any purpose;
2. Does not incur any duty of care toward a person who goes on the area that is subject to the agreement; or
3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area that is subject to the agreement.
(b) This subsection applies to all persons going on the area that is subject to the agreement, including invitees, licensees, and trespassers.
(c) It is the intent of this subsection that an agreement entered into pursuant to this subsection should not result in compensation to the owner of the area above reimbursement of reasonable costs or expenses associated with the agreement. An agreement that provides for such does not subject the owner or the state to liability even if the compensation exceeds those costs or expenses. This paragraph applies only to agreements executed after July 1, 2012.

(4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person.

(5) As used in this section, the term:
(a) “Area” includes land, water, and park areas.
(b) “Outdoor recreational purposes” includes, but is not limited to, hunting, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, motorcycling, and visiting historical, archaeological, scenic, or scientific sites.
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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Wed Nov 07, 2018 6:39 am

On hanggliding.org:

Paul H, on Nov 07, 2018 wrote:RE: PIONEERING A NEW SITE

Every state has laws in effect that deal with recreational land use liability. They basically state that if you allow someone to use your land for recreational purposes without you taking compensation for it, you aren't liable for them if they injure themselves. In some states hang gliding is actually mentioned as one of the examples of the types of activities considered to be recreation.


:clap: :clap: :clap: :clap:
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Re: Recreational Use Statutes - State by State

Postby Frank Colver » Wed Nov 07, 2018 9:30 am

I also like this one from HG.org this morning:

Take the advice of Frank, Paul, miracle, and bigbird, all excellent bits of advice.

Read more: http://forum.hanggliding.org/viewtopic. ... z5WBewx5SV

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Re: Recreational Use Statutes - State by State

Postby Bob Kuczewski » Wed Nov 07, 2018 10:06 am

Frank Colver wrote:I also like this one from HG.org this morning ...


Here's the best part of that post:

magicpotato wrote:Don't get USHPA involved, though. Bringing in insurance will kill the site for sure.


Maybe you could post a link to this topic to hanggliding.org. We've listed the recreational use statutes since 2016. Oh wait, you can only say what Jack let's you say on hanggliding.org.

If Jack likes the idea of recreational use statutes, you can say it. If he doesn't like the idea of USHGRS, you can't even mention it. If he doesn't like your references to U.S. Hawks or USHGRS, he just changes your posts. Maybe Jack should just post for everyone and save you all the typing.

The injustice of Joe's banning hasn't gone away.
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