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53-08 Liability Limited for Owner of Recreation Lands

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CHAPTER 53-08LIABILITY LIMITED FOR OWNER OF RECREATION LANDS53-08-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1.&quot;Charge&quot; means the amount of money asked in return for an invitation to enter or go<br>upon the land.2.&quot;Land&quot; includes all public and private land, roads, water, watercourses, and ways<br>and buildings, structures, and machinery or equipment thereon.3.&quot;Owner&quot; includes tenant, lessee, occupant, or person in control of the premises.4.&quot;Recreational purposes&quot; includes any activity engaged in for the purpose of exercise,<br>relaxation, pleasure, or education.53-08-02. Duty of care of landowner. Subject to the provisions of section 53-08-05, anowner of land owes no duty of care to keep the premises safe for entry or use by others for<br>recreational purposes or to give any warning of a dangerous condition, use, structure, or activity<br>on such premises to persons entering for such purposes.53-08-03. Not invitee or licensee of landowner. Subject to the provisions of section53-08-05, an owner of land who either directly or indirectly invites or permits without charge any<br>person to use such property for recreational purposes does not thereby:1.Extend any assurance that the premises are safe for any purpose;2.Confer upon such persons the legal status of an invitee or licensee to whom a duty<br>of care is owed; or3.Assume responsibility for or incur liability for any injury to person or property caused<br>by an act or omission of such persons.53-08-04. Leased land to state or political subdivisions. Unless otherwise agreed inwriting, an owner of land leased to the state or its political subdivisions for recreational purposes<br>owes no duty of care to keep that land safe for entry or use by others or to give warning to<br>persons entering or going upon such land of any hazardous conditions, uses, structures, or<br>activities thereon.An owner who leases land to the state or its political subdivisions forrecreational purposes does not by giving such lease:1.Extend any assurance to any person using the land that the premises are safe for<br>any purpose;2.Confer upon such persons the legal status of an invitee or licensee to whom a duty<br>of care is owed; or3.Assume responsibility for or incur liability for any injury to person or property caused<br>by an act or omission of a person who enters upon the leased land.The provisions of this section apply whether the person entering upon the leased land is an<br>invitee, licensee, trespasser, or otherwise.53-08-05. Failure to warn against dangerous conditions - Charge to enter. Thischapter does not limit in any way any liability that otherwise exists for:1.Willful and malicious failure to guard or warn against a dangerous condition, use,<br>structure, or activity; orPage No. 12.Injury suffered in any case in which the owner of land:a.Charges the person for entry onto the land other than the amount, if any, paid<br>to the owner of the land by the state; andb.The total charges collected by the owner in the previous calendar year for all<br>recreational use of land under the control of the owner are more than:(1)Twice the total amount of property taxes imposed on the land for the<br>previous calendar year; or(2)In the case of agricultural land, four times the total amount of property<br>taxes imposed on the land for the previous calendar year.53-08-06. Duty of care or liability for injury. Nothing in this chapter may be construedas creating a duty of care or grounds of liability for injury to person or property. Nothing herein<br>limits in any way the obligation of a person entering upon or using the land of another for<br>recreational purposes to exercise due care in that person's use of such land and in that person's<br>activities thereon.Page No. 2Document Outlinechapter 53-08 liability limited for owner of recreation lands