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ACT NO. 110

(S.29)

Landowner Liability

This act encourages owners to make their land and water available to the public for no consideration for recreational uses by clearly establishing a rule that an owner shall have no greater duty of care to a person who, without consideration, enters or goes upon the owner's land for a recreational use than the owner would have to a trespasser. The act defines the word "consideration" and the word "land," the latter of which means: (1) open and undeveloped land, including paths and trails; (2) water, including springs, streams, rivers, ponds, lakes and other watercourses; (3) fences; or (4) structures and fixtures used to enter or go upon land, including bridges and walkways. It defines "recreational use" broadly.

The liability limitation section provides that an owner shall not be liable for propertydamage or personal injury sustained by a person who, without consideration, enters or goes upon the owner's land for a recreational use unless the damage or injury is the result of the willful or wanton misconduct of the owner. This same standard of care applies to a person who, without consideration and without actual permission of the owner, enters the owner's land for a recreational use and proceeds to enter upon or use equipment, machinery or personal property or structures or fixtures that are not fences, or that are not used to enter or go upon the land. The act goes into detail regarding what the definition of "land" does not include, and it specifies that the act does not limit the property rights of owners, create an inference of consent to enter the land, or do a number of other specified things that impinge upon ownership rights. The act does not apply to lands owned by a municipality or the state.

Effective Date: July 1, 1998