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50 State Survey

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50 STATE SURVEY of respective recreational use statutes (2015)

Following is a list of definitions of “recreational use” by the 50 states in alphabetical order with highlighted words that may be of interest to airstrip owners. 

A Typical Recreational Use Statute (RUS)

Below is a “composite” Recreational Use Statute that is typical of many states. Generally speaking, a landowner’s liability is limited if others use their land for recreational purposes if there no fee (consideration) charged to the user, and there is no malicious intent on the part of the landowner to injure anyone.  Your state RUS may vary somewhat and should be reviewed.  We have provided internet links to the various state statutes for your review of these statutes. Some liability protections for airstrip owners are in statutes other than the state recreational use statutes, and in such cases we have attempted to provide links pertaining to the protections for landowners with airstrips.  Links were active as of the last review of these statutes on 9/28/2015.

Here is an example of typical RUS language.  This is only a sample and does not pertain to any specific state.

The purpose of this subchapter is to encourage owners of land to make land and water areas

available to the public for recreational purposes by limiting their liability toward persons entering

thereon for such purposes.

 

An owner of any estate or any other interest in real property, 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.

A “recreational purpose,” as used in this section, includes, but is not limited to, such activities 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.

An owner of any estate or any other interest in real property who gives permission to another for entry or use for the above purpose upon the premises does not thereby (a) extend any assurance that the premises are safe for that purpose, or (b) 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, or (c) 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.

This section does not limit the liability which otherwise exists (a) for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or (b) for injury suffered in any case where permission to enter for the above purpose was granted for a consideration.

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

End.

Summary

At the time of this posting, October, 2015, just more than half of the states specifically enumerate aviation activity language in their respective recreational use statutes or in a separate statute regarding aeronautics or property classifications. More detailed information can be found by using the links provided or searching the various state dot gov websites as we did.  There is variation among the fifty states as to the efficacy of each recreational use statute in its ability to deter law suits. In whatever state you are interested, you should research the cases that have been filed that involved the recreational use statute and the resulting outcome.

ALABAMA

http://codes.lp.findlaw.com/alcode/35/15

TITLE 35 CHAPTER 15

 GENERAL PROVISIONS 35-15-1 through 35-15-5

LIMITATION OF LIABILITY FOR NON-COMMERCIAL PUBLIC RECREATIONAL USE OF LAND

35-15-20 through 35-15-28

35-15-20. LEGISLATIVE INTENT      It is hereby declared that there is a need for outdoor recreational areas in this state which are open for public use and enjoyment; that the use and maintenance of these areas will provide beauty and openness for the benefit of the public and also assist in preserving the health, safety, and welfare of the population; that it is in the public interest to encourage owners of land to make such areas available to the public for non-commercial recreational purposes by limiting such owners' liability towards persons entering thereon for such purposes; that such limitation on liability would encourage owners of land to allow non-commercial public recreational use of land which would not otherwise be open to the public, thereby reducing state expenditures needed to provide such areas

35-15-21 (3) RECREATIONAL USE or RECREATIONAL PURPOSE.

Participation in or viewing of activities including, but not limited to, hunting, fishing, water sports, aerial sports, hiking, camping, picnicking,winter sports, animal or vehicular riding, or visiting, viewing or enjoying historical, archeological, scenic or scientific sites, and any related activity.

35-15-28. OWNER MUST ESTABLISH USE

(a) The liability limitation protection of this article may be asserted only by an owner who can reasonably establish that the outdoor recreational land was open for non-commercial use to the general public at the time of the injury to a person using such land for any public recreational purpose. Any owner may create a rebuttable presumption of having opened land for non-commercial public recreational use by:

(1) Posting signs around the boundaries and at the entrance(s) of such land; or

(2) Publishing a notice in a newspaper of general circulation in the locality in which the outdoor recreational land is situated, and describing such land; or

(3) Recording a notice in the public records of any county in which any part of the outdoor recreational land is situated, and describing such land; or

(4) Any act similar to subdivisions (1), (2), or (3) of subsection (a), which is designed to put the public on notice that such outdoor recreational land is open to non-commercial public recreational use.

ALASKA

http://codes.lp.findlaw.com/akstatutes/9/09.65./09.65.093

 

TITLE 9 CHAPTER 65 SECTION 93 CIVIL LIABILITY RELATING TO AIRCRAFT RUNWAYS, AIRFIELDS, AND LANDING AREAS.

09.65.93  (a) Except as provided in (c) of this section, a person who without compensation owns, operates, constructs, maintains, or repairs an aircraft runway, airfield, or landing area may not be held civilly liable, except for an act or omission that constitutes gross negligence or recklessness or intentional misconduct, for the injury to or death of a person or for damage to an aircraft, resulting from the use of the runway, airfield, or landing areal to take off, land, park, or operate an aircraft.   

 

ARIZONA

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01551.htm&Title    

A.R.S. § 33-1551

§ 33-1551. DUTY OF OWNER, LESSEE OR OCCUPANT OF PREMISES TO RECREATIONAL OR EDUCATIONAL USERS; liability; definitions

5. "Recreational user" means a person to whom permission has been granted or implied without the payment of an admission fee or any other consideration to travel across or to enter premises to hunt, fish, trap, camp, hike, ride, engage in off-highway vehicle, off-road recreational motor vehicle or all-terrain vehicle activity, operate aircraft, exercise, swim or engage in other outdoor recreational pursuits. The purchase of a state hunting, trapping or fishing license, an off-highway vehicle user indicia or a state trust land recreational permit or payment by an agency of this state to an owner, easement holder or lessee for public recreational access to the premises is not the payment of an admission fee or any other consideration as provided in this section. A nominal fee that is charged by a public entity

or a nonprofit corporation to offset the cost of providing the educational or recreational premises and associated services does not constitute an admission fee or any other consideration as prescribed by this section. Recreational user does not include a student who is registered at a school during designated times that the student is allowed to be on the school grounds as determined by district personnel or who is participating in a school-sanctioned activity.

 

ARKANSAS 

http://www.lexisnexis.com/hottopics/arcode/Default.asp18-11-301 

18-11-301  PURPOSE.

The purpose of this subchapter is to encourage owners of land to make land and water areas

available to the public for recreational purposes by limiting their liability toward persons entering

thereon for such purposes.

http://www.lexisnexis.com/hottopics/arcode/Default.asp

18-11-302.  DEFINITIONS.

As used in this subchapter:

     (1) "Aviation" means taking off, flying, or landing an airplane or aircraft;

     (3) "Land" means land, roads, water, watercourses, airstrips, private ways and buildings,

            structures, and machinery or equipment when attached to the realty;

     (6) "Recreational purpose" includes, but is not limited to, any of the following or any

           combination thereof:

           (A) Hunting (B) Fishing;(C) Swimming;(D) Boating;   (E) Camping; (F) Picnicking;

           (G) Hiking, (H) Pleasure driving; (I) Nature study; (J) Water skiing; (K) Winter sports;

            (L) Spelunking; (M) Aviation; (N) Viewing or enjoying historical, archeological, scenic, or

                 scientific sites; and (O) Any other activity undertaken for exercise, education, relaxation, or

                 pleasure on land owned by another.

 

CALIFORNIA

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=846

CIVIL CODE - CIV

DIVISION 2. PROPERTY [654 - 1422]      PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5]          TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855]

846. 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.

 

COLORADO

http://www.lexisnexis.com/hottopics/Colorado/

C.R.S.A. § 33-41-101

33-41-101. LEGISLATIVE DECLARATION
The purpose of this article is to encourage owners of land to make land and water areas available for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

 C.R.S.A. § 33-41-102

http://www.lexisnexis.com/hottopics/Colorado/

§ 33-41-102. DEFINITIONS

5) "Recreational purpose" includes, but is not limited to, any sports or other recreational activity of whatever nature undertaken by a person while using the land, including ponds, lakes, reservoirs, streams, paths, and trails appurtenant thereto, of another and includes, but is not limited to, any hobby, diversion, or other sports or other recreational activity such as: Hunting, fishing, camping, picnicking, hiking, horseback riding, snowshoeing, cross country skiing, bicycling, riding or driving motorized recreational vehicles, swimming, tubing, diving, spelunking, sight-seeing, exploring, hang gliding, rock climbing, kite flying, roller skating, bird watching, gold panning, target shooting, ice skating, ice fishing, photography, or engaging in any other form of sports or other recreational activity.

http://www.lexisnexis.com/hottopics/Colorado/

33-41-105.5. PREVAILING PARTY – ATTORNEY FEES AND COSTS
The prevailing party in any civil action by a recreational user for damages against a landowner who allows the use of the landowner's property for public recreational purposes shall recover the costs of the action together with reasonable attorney fees as determined by the court.

 

CONNECTICUT

https://www.cga.ct.gov/current/pub/chap_925.htm#sec_52-557f

SECTION 52-557f. LANDOWNER LIABILITY FOR RECREATIONAL USE OF LAND.

 Definitions

(4) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, snow skiing, ice skating, sledding, hang gliding, sport parachuting, hot air ballooning, bicycling and viewing or enjoying historical, archaeological, scenic or scientific sites.

 

DELAWARE

http://delcode.delaware.gov/title7/c059/index.shtml

TITLE 25 CHAPTER 15. TORT LIABILITY OF PROPERTY OWNERS

§ 5902 Definitions.

As used in this chapter:

4) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archaeological, scenic or scientific sites.

 

FLORIDA

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

TITLE XXVIII  NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE 

CHAPTER 375  OUTDOOR RECREATION AND CONSERVATION LANDS

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.

(5) (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.

 

GEORGIA

http://law.justia.com/codes/georgia/2014/title-51/chapter-3/article-2/

TITLE 51.  TORTS 

CHAPTER 3.  LIABILITY OF OWNERS AND OCCUPIERS OF LAND 

ARTICLE 2.  OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES

O.C.G.A. § 51-3-20 

§ 51-3-20 Purpose

The purpose of this article is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting the owners' liability toward persons entering thereon for recreational purposes.

O.C.G.A. § 51-3-21  (2015)

§ 51-3-21.  Definitions

   (4) "Recreational purpose" includes, but is not limited to, any of the following or any

combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking,

pleasure driving, aviation activities, nature study, water skiing, winter sports, and

viewing or enjoying historical, archeological, scenic, or scientific sites.

 

HAWAII

http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0520/HRS_0520-0002.htm 

 §520-2  Definitions.  As used in this chapter:

   "Recreational purpose" includes but is not limited to any of the following, or any

combination thereof:  hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites.

  "Recreational user" means any person who is on or about the premises that the owner of land either directly or indirectly invites or permits, without charge, entry onto the property for recreational purposes.

 

IDAHO

http://legislature.idaho.gov/idstat/Title36/T36CH16SECT36-1604.htm

TITLE 36

FISH AND GAME

CHAPTER 16 RECREATIONAL TRESPASS -- LANDHOLDER LIABILITY LIMITED

36-1604.  Limitation of liability of landowner.

  1. Statement of Purpose.
  2. The purpose of this section is to encourage owners of land to make land, airstrips and water areas

available to the public without charge for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

(b)  Definitions. As used in this section:

1.  "Airstrips" means either improved or unimproved landing areas used by pilots

to land, park, take off, unload, load and taxi aircraft. Airstrips shall not include

landing areas which are or may become eligible to receive federal funding pursuant to

the federal airport and airway improvement act of 1982 and subsequent amendments

thereto.

2.  "Land" means private or public land, roads, airstrips, trails, water, watercourses,

irrigation dams, water control structures, headgates, private or public ways and

buildings, structures, and machinery or equipment when attached to or used on the

realty.

4.  "Recreational purposes" includes, but is not limited to, any of the following

activities or any combination thereof: hunting, fishing, swimming, boating, rafting, tubing,

camping, picnicking, hiking, pleasure driving, the flying of aircraft, bicycling, running,

playing on playground equipment, skateboarding, athletic competition, nature study,

water skiing, animal riding, motorcycling, snowmobiling, recreational vehicles, winter

sports, and viewing or enjoying historical, archeological, scenic, geological or scientific

sites, when done without charge of the owner.

 

ILLINOIS

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2081&ChapterID=58

CIVIL IMMUNITIES
(745 ILCS 65/) RECREATIONAL USE OF LAND AND WATER AREAS ACT.

745 ILCS 65/1 (from Ch. 70, par. 31)

    Sec. 1. This Act shall be known and may be cited as the "Recreational Use of Land and Water Areas Act".

    The purpose of this Act is to encourage owners of land to make land and water areas

available to any individual or members of the public for recreational or conservation

purposes by limiting their liability toward persons entering thereon for such purposes.

 (c) "Recreational or conservation purpose" means:

            (1) entry onto the land of another to conduct hunting or recreational shooting or a combination

thereof or any activity solely related to the aforesaid hunting or recreational shooting; or

            (2) entry by the general public onto the land of another for any activity undertaken for conservation, resource management, educational, or outdoor recreational use.

 

INDIANA

http://iga.in.gov/legislative/laws/2015/ic/titles/014/articles/022/

IC 14-22-10-2 Restrictions on landowner liability to recreational users

(d) A person who goes upon or through the premises, including caves, of another:

(1) with or without permission; and

(2) either:

(A) without the payment of monetary consideration; or

(B) with the payment of monetary consideration directly or indirectly on the person's behalf by an agency of the state or federal government;

for the purpose of swimming, camping, hiking, sightseeing, or any other purpose (other than the purposes described in section 2.5 of this chapter) does not have an assurance that the premises are safe for the purpose

 

IOWA

https://www.legis.iowa.gov/docs/code/2015/461C.rtf   

CHAPTER 461C PUBLIC USE OF PRIVATE LANDS AND WATERS

461C.1  Purpose.

  The purpose of this chapter is to encourage private holders of land to make land and water areas available to the public for a recreational purpose and for urban deer control by limiting a holder’s liability toward persons entering onto the holder’s property for such purposes. The provisions of this chapter shall be construed liberally and broadly in favor of private holders of land to accomplish the purposes of this chapter.

 461C.2  Definitions.

 5.  “Recreational purpose” means the following or any combination thereof:  hunting, trapping, horseback riding, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycling, all-terrain vehicle riding, nature study, water skiing, snowmobiling, other summer and winter sports, educational activities, and viewing or enjoying historical, archaeological, scenic, or scientific sites while going to and from or actually engaged therein.

“Recreational purpose” includes the activity of accompanying another person who is engaging in such activities. “Recreational purpose” is not limited to active engagement in such activities, but includes entry onto, use of, passage over, and presence on any part of the land in connection with or during the course of such activities.

 

KANSAS

http://www.kslegislature.org/li/b2015_16/statute/058_000_0000_chapter/058_032_0000_article/058_032_0001_section/058_032_0001_k/

CHAPTER 58 ARTICLE 32   58-3201. LIMITING LIABILITY OF PROPERTY OWNERS TO PERSONS ENTERING PREMISES FOR RECREATIONAL PURPOSES. The purpose of this act is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

http://www.kslegislature.org/li/b2015_16/statute/058_000_0000_chapter/058_032_0000_article/058_032_0002_section/058_032_0002_k/

58-3202.  DEFINITIONS. As used in this act:

(c) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, noncommercial aviation activities and viewing or enjoying historical, archaeological, scenic, or scientific sites.

 

KENTUCKY

http://www.lrc.ky.gov/Statutes/statute.aspx?id=17787

411.190   Obligations of owner to persons using land for recreation.

(1) As used in this section:

(c) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, bicycling, horseback riding, pleasure driving, nature study, water-skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites;

(2) The purpose of this section is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

 

LOUISIANA

http://legis.la.gov/Legis/Law.aspx?d=107232

RS 9:2795

(3)  "Recreational purposes" includes but is not limited to any of the following, or any combination thereof: hunting, fishing, trapping, swimming, boating, camping, picnicking, hiking, horseback riding, bicycle riding, motorized, or nonmotorized vehicle operation for recreation purposes, nature study, water skiing, ice skating, roller skating, roller blading, skate boarding, sledding, snowmobiling, snow skiing, summer and winter sports, or viewing or enjoying

historical, archaeological, scenic, or scientific sites.

 

MAINE

http://legislature.maine.gov/statutes/14/title14sec159-A.html

TITLE 14 CHAPER 7 SECTION 159-A
§ 159-A. LIMITED LIABILITY FOR RECREATIONAL OR HARVESTING ACTIVITIES  

1. Definitions

B. “Recreational or harvesting activities” means recreational activities conducted out-of-doors, including, but not limited to, hunting, fishing, trapping, camping, environmental education and research, hiking, recreational caving, sight-seeing, operation snow-traveling and all-terrain vehicles, skiing, hang-gliding, noncommercial aviation activities, dog sledding, quine activities, boating, sailing, canoeing, rafting, biking, picnicking, swimming or activities involving the harvesting or gathering of forest, field or marine, products. It includes entry of, volunteer maintenance and improvement of, use of and passage over premises in order to pursue these activities. “Recreational or harvesting activities” does not include commercial agricultural or timber harvesting.

 

MARYLAND

http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gnr&section=5-1101&ext=html&session=2016RS&tab=subject5

MD Code, NATURAL RESOURCES, § 5-1101
§ 5-1101. Definitions
(g)   “Recreational purpose” means any recreational pursuit.

http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gnr&section=5-1102&ext=html&session=2016RS&tab=subject5

§5–1102.  (a)   The purpose of this subtitle is to encourage any owner of land to make land, water, and airspace above the land and water areas available to the public for any recreational and educational purpose by limiting the owner’s liability toward any person who enters on land, water, and airspace above the land and water areas for these purposes.

 

MASSACHUSETTS

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter61B/Section1
M.G.L.A. 61B § 1
CHAPTER 61B. CLASSIFICATION AND TAXATION OF RECREATIONAL LAND
§ 1. Recreational land and uses
For the purpose of this chapter, the term recreational use shall be limited to the following: hiking, camping, nature study and observation, boating, golfing, non-commercial youth soccer, horseback riding, hunting, fishing, skiing, swimming, picnicking, private non-commercial flying, including hang gliding, archery, target shooting and commercial horseback riding and equine boarding.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter21/Section17C

M.G.L.A. 21 § 17C
§ 17C. Public use of land for recreational, conservation, scientific educational and other purposes; landowner's liability limited; exception
Section 17C. (a) Any person having an interest in land including the structures, buildings, and equipment attached to the land, including without limitation, railroad and utility corridors, easements and rights of way, wetlands, rivers, streams, ponds, lakes, and other bodies of water, who lawfully permits the public to use such land for recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes without imposing a charge or fee therefor, or who leases such land for said purposes to the commonwealth or any political subdivision thereof or to any nonprofit corporation, trust or association, shall not be liable for personal injuries or property damage sustained by such members of the public, including without limitation a minor, while on said land in the absence of willful, wanton, or reckless conduct by such person. Such permission shall not confer upon any member of the public using said land, including without limitation a minor, the status of an invitee or licensee to whom any duty would be owed by said person.
 

MICHIGAN

http://www.legislature.mi.gov/(S(l3kugtkvkcwxvlfk3hgpqtbc))/mileg.aspx?page=getObject&objectName=mcl-324-73301

M.C.L.A. 324.73301

324.73301 Liability of landowner, tenant, or lessee for injuries to persons on property for purpose of outdoor recreation or trail use, using Michigan trailway or other public trail, gleaning agricultural or farm products, fishing or hunting, or picking and purchasing agricultural or farm products at farm or “u-pick” operation; definition.

Sec. 73301.

(1) Except as otherwise provided in this section, a cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling, or any other outdoor recreational use or trail use, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.

MINNESOTA

https://www.revisor.mn.gov/statutes/?id=604A.21 

M.S.A.604A.21

RECREATIONAL LAND USE DEFINITIONS

Subd. 5.Recreational purpose.

"Recreational purpose" includes, but is not limited to, hunting; trapping; fishing; swimming; boating; camping; picnicking; hiking; rock climbing; cave exploring; bicycling; horseback riding; firewood gathering; pleasure driving, including snowmobiling and the operation of any motorized vehicle or conveyance upon a road or upon or across land in any manner, including recreational trail use; nature study; water skiing; winter sports; noncommercial aviation activities; and viewing or enjoying historical, archaeological, scenic, or scientific sites. "Rock climbing" means the climbing of a naturally exposed rock face. "Cave exploring" means the planned exploration of naturally occurring cavities in rock, including passage through any structures placed for the purpose of safe access, access control, or conservation, but does not include the exploration of other man-made cavities such as tunnels, mines, and sewers. "Noncommercial aviation activities" means the use of private, nonstaffed airstrips for takeoffs and landings related to other recreational purposes under this subdivision that are not commercial operations under section 360.013, subdivision 45.

 

MISSISSIPPI

http://www.lexisnexis.com/hottopics/mscode/

TITLE 89.  REAL AND PERSONAL PROPERTY  CHAPTER 2.  LIABILITY OF RECREATIONAL LANDOWNERS  
ARTICLE 1.  OUTDOOR RECREATIONAL LAND

Miss. Code Ann. § 89-2-1  

§ 89-2-1. Declaration of purpose; effect of opening property for outdoor recreational purposes 
   The purpose of this chapter is to encourage persons to make available to the public land and water areas for outdoor recreational purposes. A lessee or owner who opens a land or water area to the public for outdoor recreational purposes shall not, by opening such land or water for such use:

§ 89-2-3. Definitions 
   The term "outdoor recreational purposes" as used in this chapter shall include, but not necessarily be limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing and visiting historical, archaeological, scenic or scientific sites.
§ 89-2-7. Application of chapter 
   The provisions of this chapter shall not apply if any fee is charged for entering or using any part of such land or water outdoor recreational area, or if any concession is operated on said area offering to sell or selling any item or product to persons entering thereon for recreational purposes. Said chapter shall not apply unless public notice of the availability of such lands for such public use shall have been published once annually in a newspaper of general circulation in the county where such lands are situated.

MISSOURI

http://www.moga.mo.gov/mostatutes/stathtml/53700003551.html 

Private property, permission by owner to hunt, fish, or recreate, limitation on privilege.

Title 537 Section 355

537.355. An owner of land who either directly or indirectly invites or permits without charge any person to use such property for hunting or fishing purposes or other recreational purpose, including but not limited to any aircraft or ultralight vehicle activity, does not thereby:

(1) Confer upon such person the legal status of an invitee or licensee and owes to such person only the duty of care as is owed to a trespasser under the law;

(2) Without the failure to exercise just ordinary care, assume responsibility for or incur liability for any injury to persons or property caused by an act or omission of such persons while hunting or fishing or engaging in other recreational activities, such as operating aircraft or ultralight vehicles;

(3) Without the failure to exercise just ordinary care, assume responsibility for or incur liability for any injury to persons or property, wherever such persons or property are located, caused while hunting or fishing or engaging in other recreational activities, such as operating aircraft or ultralight vehicles.

MONTANA

http://leg.mt.gov/bills/mca/70/16/70-16-301.htm

TITLE 70 CHAPTER 16 PART 3 SECTION 301

MCA § 70-16-301. RECREATIONAL PURPOSE DEFINED

"Recreational purposes", as used in this part, includes hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments, spelunking, or other pleasure expeditions. The term includes the private, noncommercial flying of aircraft in relation to private land.

 TITLE 70 CHAPTER 16 PART 3 SECTION 302     

http://leg.mt.gov/bills/mca/70/16/70-16-302.htm

70-16-302. (Effective on occurrence of contingency) . Restriction on liability of landowner -- definitions. 

     (2) As used in this part, the following definitions apply: 
     (a) (i) "Airstrip" means either improved or unimproved landing areas on private land used by pilots to land, park, take off, unload, load, and taxi aircraft. 
     (ii) The term does not include municipal airports governed under Title 67, chapter 10, part 1. 
     (b) "Flying of aircraft" means the operation of aircraft, including but not limited to landing, parking, taking off, unloading, loading, and taxiing of aircraft at an airstrip. 

 

NEBRASKA

http://nebraskalegislature.gov/laws/statutes.php?statute=37-729

Neb.Rev.St. § 37-729
§ 37-729. Terms, defined.

(3) Recreational purposes includes, but is not limited to, any one or any combination of the following: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, waterskiing, winter sports, and visiting, viewing, or enjoying historical, archaeological, scenic, or scientific sites, or otherwise using land for purposes of the user;

http://nebraskalegislature.gov/laws/statutes.php?statute=37-730

37-730. Limitation of liability; purpose of sections.
The purpose of sections 37-729 to 37-736 is to encourage owners of land to make available to the public land and water areas for recreational purposes by limiting their liability toward persons entering thereon and toward persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.

 

NEVADA

http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-041.html#NRS041Sec510

NRS 41.510  Limitation of liability; exceptions for malicious acts if consideration is given or other duty exists.

      1.  Except as otherwise provided in subsection 3, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty to keep the premises safe for entry or use by others for participating in any recreational activity, or to give warning of any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes.

      4.  As used in this section, “recreational activity” includes, but is not limited to:

      (a) Hunting, fishing or trapping;        (b) Camping, hiking or picnicking; 

      (c) Sightseeing or viewing or enjoying archaeological, scenic, natural or scientific sites;

      (d) Hang gliding or paragliding;        (e) Spelunking;        (f) Collecting roc  

      (g) Participation in winter sports, including cross-country skiing, snowshoeing or riding a snowmobile, or water     

           sports;      (h) Riding animals, riding in vehicles or riding a road or mountain bicycle;

      (i) Studying nature;      (j) Gleaning;      (k) Recreational gardening; and

      (l) Crossing over to public land or land dedicated for public use.

 

NEW HAMPSHIRE

http://www.gencourt.state.nh.us/rsa/html/xxxix/422/422-mrg.htm

N.H. Rev. Stat. § 212:34  DUTY OF CARE.
TITLE XXXIX    AERONAUTICS   CHAPTER 422
NEW HAMPSHIRE AERONAUTICS ACT

 422:12 Private Ownership Liability Exemption. – An owner, lessee, or occupant of premises on which private noncommercial air navigation facilities are located owes no duty of care to keep the premises safe for public use by others or to give any warning to willful users of the premises of hazardous conditions. An owner, lessee, or occupant of premises on which private non-commercial air navigation facilities are located who gives permission to another to use the facilities does not thereby: 
    I. Extend any assurance that the premises are safe; or 
    II. Constitute the person to whom permission has been granted the legal status of an invitee to whom a duty of care is owed; 
    III. Assume responsibility for or incur liability for any injury to person or property caused by any act of the person to whom the permission has been granted.

 

 

NEW JERSEY

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=286888306&Depth=4&TD=WRAP&advquery=SPORT%20AND%20RECREATIONAL%20ACTIVITIES&headingswithhits=on&infobase=statutes.nfo&rank=&record={BC6}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&x=40&y=13&zz=

N.J.S.A. 2A:42A-2
2A:42A 2. SPORT AND RECREATIONAL ACTIVITES; definitions
1.   As used in this act "sport and recreational activities" means and includes:  hunting, fishing, trapping, horseback riding, training of dogs, hiking, camping, picnicking, swimming, skating, skiing, sledding, tobogganing, operating or riding snowmobiles,  all-terrain vehicles or dirt bikes, and any other outdoor sport, game and recreational activity including practice and instruction in any thereof.  For purposes of P.L.1968, c.73 (C.2A:42A-2 et seq.) "all-terrain vehicle" means a motor vehicle, designed to travel over any terrain, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters, but shall not include golf carts; "snowmobile" means any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle;  "dirt bike" means a motor powered vehicle possessing two or more tires, designed to travel over any terrain and capable of travelling off of paved roads, whether or not such vehicle is subject to registration with the Division of Motor Vehicles.

 

NEW MEXICO

http://public.nmcompcomm.us/nmpublic/gateway.dll/?f=templates&fn=default.htm

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 the landowner by the state, the federal government or any other governmental agency, grants permission to any person or group to use the owner's, lessee's or land controller's lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing, the operation of aircraft or any other recreational use does not thereby: 

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

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

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

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

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

 NEW YORK

http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:

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

General Obligations Law § 9-103

§ 9-103. No duty to keep premises safe for certain uses;

  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;


 

NORTH CAROLINA

http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=38A-2

N.C.G.S.A. § 38A-2
§ 38A-2. Definitions
 (5)   "Recreational purpose" means any activity undertaken for recreation, exercise, education, relaxation, refreshment, diversion, or pleasure or sport, including equestrian recreation as defined in G.S. 99E-1.  

NORTH DAKOTA

http://www.legis.nd.gov/cencode/t53c08.pdf?20150923200714

NDCC, 53-08-01

§ 53-08-01 Definitions.
5. "Recreational purposes" includes any activity engaged in for the purpose of exercise, relaxation, pleasure, or education.
 

OHIO

http://codes.ohio.gov/orc/1533

Title 15

SECTIONS 1533.18 and 1533.181 of the Revised Code:

 (B) "Recreational user" means a person to whom permission has been granted, without the payment of a fee or consideration to the owner, lessee, or occupant of premises, other than a fee or consideration paid to the state or any agency of the state, or a lease payment or fee paid to the owner of privately owned lands, to enter upon premises to hunt, fish, trap, camp, hike, or swim, or to operate a snowmobile, all-purpose vehicle, or four-wheel drive motor vehicle, or to engage in other recreational pursuits.

(C) "All-purpose vehicle" has the same meaning as in section 4519.01 of the Revised Code. 

 

OKLAHOMA

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440637

TITLE 76 SECTION § 10.1

A.    1. The purpose of this section is to encourage landowners to make land available to the public for outdoor recreational purposes by limiting their liability to persons entering upon and using such land and to third persons who may be damaged by the acts or omissions of persons going upon these lands.

2. As used in this section:

a. "land" means real property, roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty,

b. "outdoor recreational purposes" includes any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, jogging, cycling, other sporting events and activities, nature study, water skiing, jet skiing, winter sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, and aviation at non-public-use airports,


OREGON

https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/HB2038/Enrolled

HB 2038 has been Enrolled and assigned to Chapter 308, (2015 Laws): Effective date January 1, 2016  Chapter 308 — Assessment of Property for Taxation

HB 2038 (passed in 2015) is a new Oregon statute specific to aviation and is not a part of the recreational use statute in Oregon.  We caution airstrip owners to read the law in its entirety and therefore it is present here.  In addition, a link to the bill has been provided above. This new statute is one of only three states that place the landowner’s duty of care at “gross negligence.  In Oregon this higher duty of care is solely for recreational activities involving aviation on registered private use airstrips when the airstrip owner grants access for aviation activities. The landowner’s duty of care for other forms of recreation in Oregon is outlined in the state recreational use statute and is a lower duty of care typical of other state recreational use statutes, which is “malicious intent” to injure.  RAF opposed passage of HB 2038.

HB 2038 Relating to limited liability for aviation use of land.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) As used in this section: (a) Airstrip” means land that contains a runway or heliport operated and maintained for the takeoff and landing of motorized aircraft and that is registered with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue. (b) “Aviation activity” includes but is not limited to hang gliding, parachuting, paragliding and operating airplanes or ultralight aircraft. (c) “Charge” has the meaning given that term in ORS 105.672. (d) “Land has the meaning given that term in ORS 105.672. (e) “Nonpublic airstrip” means an airstrip that is registered as a private use airport with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue. (f) “Owner” has the meaning given that term in ORS 105.672. (g) “Public airstrip” means an airstrip that is not a nonpublic airstrip.

(2) An owner of land is not liable for any personal injury, death or property damage arising from the use of land for purposes of aviation activity, unless the owner intentionally causes the injury, death or property damage.

(3) Subsection (2) of this section does not apply to any of the following:

(a) An owner of a public airstrip.

(b) An owner of a nonpublic airstrip if:

(A) The owner is contacted by the operator of a motorized aircraft prior to the beginning of the aircraft’s flight;

(B) The owner provides permission to the operator to use the owner’s land for activities related to the aircraft’s flight; and

(C) Gross negligence of the owner causes injury, death or property damage related to the aircraft’s flight.

(c) An owner of land who imposes a charge for the use of the land for aviation purposes.

SECTION 2. Section 1 of this 2015 Act applies to personal injuries, death and property damage that occur on or after the effective date of this 2015 Act.  

PENNSYLVANIA

No link is available from PA.gov at this time.

A possible other citation we found is  P.L. 1860, No. 586 C1 68 2. (3)

 

PENNSYLVANIA STATUTES  TITLE 68: REAL AND PERSONAL PROPERTY
CHAPTER 11: USES OF PROPERTY
SECTION 477: RECREATION USE OF LAND AND WATER

477-1. Purpose; liability

The purpose of this act is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.477-2.

Definitions

 (3) “Recreational purpose” includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, recreational noncommercial aircraft operations or recreational noncommercial ultralight operations on private airstrips, camping, picnicking, hiking, pleasure driving, nature study, water skiing, water sports, cave exploration and viewing or enjoying historical, archaeological, scenic, or scientific sites.

RHODE ISLAND

http://webserver.rilin.state.ri.us/statutes/title32/32-6/32-6-2.HTM           

§ 32-6-1  Purpose of chapter. – The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability to persons entering thereon for those purposes. 

 § 32-6-2  Definitions. – As used in this chapter:

      (4) "Recreational purposes" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, horseback riding, bicycling, pleasure driving, nature study, water skiing, water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, and all other recreational purposes contemplated by this chapter; and

   (5) "User" means any person using land for recreational purposes. 

 

SOUTH CAROLINA

http://www.scstatehouse.gov/code/t27c003.php

TITLE 27 – PROPERTY AND CONVEYANCES

CHAPTER 3  Limitation on Liability of Landowners

§ 27-3-10 see also 27-3-30, 40, 50, 60 and 70
SECTION 27-3-10. Declaration of purpose.
The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
SECTION 27-3-20. Definitions.
As used in this chapter:
(a) "Aviation activities" means taking off, flying, or landing an airplane or aircraft. Aviation activities do not include airshows or any activity where the general public is invited.
(d) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, summer and winter sports, aviation activities, and viewing or enjoying historical, archaeological, scenic, or scientific sites.

SOUTH DAKOTA


http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=20-9-12

SDCL § 20-9-12 Definition of terms

 20-9-12.   Definition of terms. Terms used in §§ 20-9-12 to 20-9-18, inclusive, mean:

             (3)      "Outdoor recreational purpose," includes any of the following activities, or any combination thereof: hunting, fishing, swimming other than in a swimming pool, boating, canoeing, camping, picnicking, hiking, biking, off-road driving, aviation activity, nature study, water skiing, winter sports, snowmobiling, viewing, or enjoying historical, archaeological, scenic, or scientific sites;

TENNESSEE

http://www.lexisnexis.com/hottopics/tncode/

TITLE 70  WILDLIFE RESOURCES  
CHAPTER 7  LIABILITY FOR ACTIVITIES  
Part 1  Liability of Landowner to Persons Using Land

Tenn. Code Ann. § 70-7-103 Effect of landowner's permission. 

 Any landowner, lessee, occupant, or any person in control of the land or premises or such person's agent who gives permission to another person to hunt, fish, trap, camp, engage in water sports, participate in white water rafting or canoeing, hike, sightsee, ride animals, bird watch, train dogs, boat, cave, pick fruit and vegetables for the participant's own benefit, engage in nature and historical studies and research, climb rocks, shoot skeet and trap, engage in sporting clays, shooting sports, and target shooting, including archery and shooting range activities, ski, ride off-road vehicles, recreational noncommercial aircraft operations or recreational noncommercial ultra- light vehicle operations on private airstrips, and cut and remove wood for the participant's own use upon such land or premises does not by giving such permission:
   (1) Extend any assurance that the premises are safe for such purpose;
   (2) Constitute the person to whom permission has been granted to legal status of an invitee to whom a duty of care is owed; or
   (3) Assume responsibility for or incur liability for any injury to such person or purposely caused by any act of such person to whom permission has been granted except as provided in § 70-7-104.

 

TEXAS

http://www.statutes.legis.state.tx.us/DocViewer.aspx?DocKey=CP%2fCP.75&Phrases=liability&HighlightType=1&ExactPhrase=False&QueryText=liability

V.T.C.A., CIVIL PRACTICE & REMEDIES CODE   TITLE 4    CHAPTER § 75.001
§ 75.001. Definitions
(3) "Recreation" means an activity such as: (A) hunting; (B) fishing; (C) swimming; (D) boating; (E) camping; (F) picnicking; (G) hiking; (H) pleasure driving, including off road motorcycling and off road automobile driving and the use of all terrain vehicles and recreational off-highway vehicles; (I) nature study, including bird watching; (J) cave exploration; (K) waterskiing and other water sports; (L) any other activity associated with enjoying nature or the outdoors; (M) bicycling and mountain biking; (N) disc golf; or (O) on leash and off leash walking of dogs.

 

UTAH

http://le.utah.gov/xcode/Title57/Chapter14/57-14-S102.html

TITLE 57   CHAPTER 14  SECTIONS 101 and 102 and 201 through 205

U.C.A 1953 §  57-14-2

“Recreational Purpose” includes, but is not limited to, any of the following or any combination thereof: hunting; fishing; swimming; skiing; snowshoeing; camping; picnicking; hiking; studying nature; waterskiing; engaging in water sports; engaging in equestrian activities; using boats; riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge; using off highway vehicles or recreational vehicles;  viewing or enjoying historical, archeological, scenic, or scientific sites; aircraft operations; and equestrian activity, skateboarding skydiving, paragliding, hang gliding, roller skating, ice skating, walking, running jogging, bike riding, or in-line skating.

VERMONT

http://www.lexisnexis.com/hottopics/vtstatutesconstctrules/

TITLE TWELVE.  COURT PROCEDURE  
PART 9.  PARTICULAR PROCEEDINGS  
CHAPTER 203.  LIMITATIONS ON LANDOWNER LIABILITY

12 V.S.A. § 5792

§ 5792 Definitions
(4) "Recreational use" means an activity undertaken for recreational, educational or conservation purposes, and includes hunting, fishing, trapping, guiding, camping, biking, in-line skating, jogging, skiing, snowboarding, swimming, diving, water sports, rock climbing, hang gliding, caving, boating, hiking, riding an animal or a vehicle, picking wild or cultivated plants, picnicking, gleaning, rock collecting, nature study, outdoor sports, noncommercial aviation, visiting or enjoying archeological, scenic, natural, or scientific sites, or other similar activities. "Recreational use" also means any noncommercial activity undertaken without consideration to create, protect, preserve, rehabilitate, or maintain the land for recreational uses

VIRGINIA

http://law.lis.virginia.gov/vacode/title5.1/chapter1/section5.1-7.3/

Virginia Code § 5.1-7.3.

DUTY OF CARE AND LIABILITY FOR DAMAGES OF OWNERS OF PROVATE LANDING AREAS.

A. For the purposes of this section:

"Land" or "premises" means any privately owned area for landing any aircraft, that is not open to the general public, and that is registered with the Department and the Federal Aviation Administration pursuant to § 5.1-7.2.

B. A landowner shall not be liable for ordinary negligence related to conditions on his premises that proximately cause damage to property or injury to occupants of an aircraft or ultralight vehicle landing on or taking off from such premises, provided that no commercial operation is being conducted on or about the premises.

C. Any landowner who gives permission, express or implied, to another person to operate aircraft or ultralight vehicles of any type for the personal use of such person or for the use of an easement as set forth in subsection B does not thereby:

1. Impliedly or expressly represent that the premises are safe for such purposes;

2. Grant invitee status or its corresponding duty of care to the person to whom such permission has been granted; or

3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D.

D. Nothing contained in this section shall limit the liability of a landowner that may otherwise arise or exist by reason of his gross negligence or willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. The provisions of this section shall not limit the liability of a landowner that may otherwise arise or exist when the landowner receives a fee for use of the premises or to engage in any activity described in subsection B or C. Nothing contained in this section shall relieve any landowner who sponsors or conducts any event or competition of the duty to exercise ordinary care in such events.

 

WASHINGTON

http://app.leg.wa.gov/RCW/default.aspx?cite=4.24.210
RCWA 4.24.210

LIABILITY OF OWNERS or others in possession of land and water areas for injuries to recreation users — Known dangerous artificial latent conditions — OTHER LIMITATIONS.

(1) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowners, hydroelectric project owners, or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, aviation activities including, but not limited to, the operation of airplanes, ultra-light airplanes, hanggliders, parachutes, and paragliders, rock climbing, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, kayaking, canoeing, rafting, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.

WEST VIRGINIA

http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=19&art=25#25

W. Va. Code, § 19-25-5 

Definitions

“Recreational purposes” includes, but is not limited to, any one or any combination of the following noncommercial recreational activities: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycle or all-terrain vehicle riding, bicycling, horseback riding, spelunking, nature study, water skiing, winter sports and visiting, viewing or enjoying, historical, archaeological, scenic, or scientific sites, aircraft or ultralight operations on private airstrips or farms or otherwise using land for purpose of the user:
 §19-25-7. Insurance policies.   Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any owner of lands covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the use of such insured's land for recreational, wildlife propagation or military, law-enforcement or homeland-defense purposes, unless such provision or endorsement is rejected in writing by the named insured.

 

WISCONSIN

http://docs.legis.wisconsin.gov/search/results?q=%C2%A7+895.52&filter=doctype%3Astatutes&filter=biennium%3A2015

W.S.A. 895.52
§ 895.52. Recreational activities; limitation of property owners' liability
(g) "Recreational activity" means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" includes hunting, fishing, trapping, camping, picnicking, exploring caves, nature study, bicycling, horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain vehicle, operating a vehicle, as defined in s. 340.01 (74), on a road designated under s. 23.115, recreational aviation, ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, participating in an agricultural tourism activity, sport shooting and any other outdoor sport, game or educational activity. "Recreational activity" does not include any organized team sport activity sponsored by the owner of the property on which the activity takes place.

         "Recreational aviation" means the use of an aircraft, other than to provide transportation to persons or property for compensation or hire, upon privately owned land. For purposes of this definition, "privately owned land" does not include a public-use airport, as defined in s. 114.002 (18m).

 

WYOMING

http://legisweb.state.wy.us/LSOWEB/wyStatutes.aspx

§ 34-19-101 through 107
TITLE 34  PROPERTY, CONVEYANCES AND SECURITY TRANSACTIONS.  
Chapter 19  Liability of Owners of Land  
Article 1.  Liability of Owners of Land Used For Recreation Purposes

Wyo. Stat. § 34-19-101
(iii) "Recreational purpose" includes, but is not limited to, any one (1) or more of the following: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, bicycling, mountain biking, horseback riding, and other equine as defined in W.S. 1-1-122(a)(iv), noncommercial aviation activities and viewing or enjoying historical, archaeological, scenic or scientific sites;