H.B. 174

1

IMMUNITY TO DAM OWNERS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bradley T. Johnson
5 AN ACT RELATING TO REAL ESTATE; AMENDING THE LANDOWNERS LIABILITY
6 ACT TO PROTECT OWNERS OF DAMS OR RESERVOIRS IN CERTAIN SITUATIONS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 57-14-6, as last amended by Chapter 158, Laws of Utah 1988
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 57-14-6 is amended to read:
12 57-14-6. Liability not limited where willful or malicious conduct involved or
13 admission fee charged.
14 (1) Nothing in this act shall limit any liability which otherwise exists for:
15 (a) willful or malicious failure to guard or warn against a dangerous condition, use,
16 structure, or activity;
17 (b) deliberate, willful, or malicious injury to persons or property; or
18 (c) an injury suffered where the owner of land charges a person to enter or go on the land
19 or use the land for any recreational purpose, except that where land is leased to the state or a
20 subdivision of the state, any consideration received by the owner for the lease is not a charge
21 within the meaning of this section.
22 (2) Any person who hunts upon a posted hunting unit, as authorized by Title 23, Chapter
23 23, is not considered to have paid a fee within the meaning of this section.
24 (3) Owners of a dam or reservoir who allow recreational use of the dam or reservoir and
25 its surrounding area and do not themselves charge a fee for that use, are considered not to have
26 charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to the
27 Division of Parks and Recreation for the use of the services and facilities at that dam or reservoir.

Legislative Review Note
as of 11-22-96 10:56 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Energy, Natural Resources, and Agriculture Interim Committee recommended this bill.

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