S.B. 32

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Senate 2nd Reading Amendments 1-24-2005 rd/sch This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Jan 24, 2005 at 10:46 AM by rday. --> 1

LIMITATION OF LANDOWNER LIABILITY
2 FOR PUBLIC RECREATION
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Gregory S. Bell
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Real Estate Code by amending provisions related to the limitation
10 of landowner liability for certain public recreation.
11 Highlighted Provisions:
12 This bill:
13 . amends the definition of land to include railway corridors as land covered under the
14 limitation of landowner liability for public recreation provisions;
15 . amends the definition of recreational purpose to include:
16 . engaging in equestrian activities; and
17 . riding certain rail cars S [ or other recreational rail conveyances ] ON A NARROW
17a GAUGE TRACK s ;
18 . provides that the state or a subdivision of the state is not considered to have charged
19 an admission fee for use of a railway corridor if the state or a political subdivision
20 of the state owns the railway corridor, allows recreational use of the corridor, and
21 does not charge a fee for that use, even if the user pays a fee to travel on a privately
22 owned rail car S [ or other recreational conveyance ] s that crosses over the railway
23 corridor; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None

27 Other Special Clauses:

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29 Utah Code Sections Affected:
30 AMENDS:
31 57-14-2, as last amended by Chapter 62, Laws of Utah 1997
32 57-14-6, as last amended by Chapters 32, 62 and 258, Laws of Utah 1997
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 57-14-2 is amended to read:
36 57-14-2. Definitions.
37 As used in this chapter:
38 (1) (a) "Land" means any land within the territorial limits of [the state of] Utah [and].
39 (b) "Land" includes roads, railway corridors, water, water courses, private ways and
40 buildings, structures, and machinery or equipment when attached to the realty.
41 (2) "Owner" includes the possessor of any interest in the land, whether public or
42 private land, a tenant, a lessor, a lessee, and an occupant or person in control of the premises.
43 (3) "Recreational purpose" includes, but is not limited to, any of the following or any
44 combination thereof:
45 (a) hunting[,];
46 (b) fishing[,];
47 (c) swimming[,];
48 (d) skiing[,];
49 (e) snowshoeing[,];
50 (f) camping[,];
51 (g) picnicking[,];
52 (h) hiking[,];
53 (i) studying nature[,];
54 (j) waterskiing[,];
55 (k) engaging in water sports[,];
56 (l) engaging in equestrian activities;
57 (m) using boats[,];
58 (n) mountain biking[,];

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Senate 2nd Reading Amendments 1-24-2005 rd/sch 59

(o) riding narrow gauge rail cars S [ or other recreational rail conveyances ] ON A NARROW
59a GAUGE TRACK THAT DOES NOT EXCEED 24 INCH GAUGE s ;
60 (p) using off-highway vehicles or recreational vehicles[,]; and
61 (q) viewing or enjoying historical, archaeological, scenic, or scientific sites.
62 (4) "Charge" means the admission price or fee asked in return for permission to enter
63 or go upon the land.
64 (5) "Person" includes any person, regardless of age, maturity, or experience, who enters
65 upon or uses land for recreational purposes.
66 Section 2. Section 57-14-6 is amended to read:
67 57-14-6. Liability not limited where willful or malicious conduct involved or
68 admission fee charged.
69 (1) Nothing in this [act] chapter shall limit any liability which otherwise exists for:
70 (a) willful or malicious failure to guard or warn against a dangerous condition, use,
71 structure, or activity;
72 (b) deliberate, willful, or malicious injury to persons or property; or
73 (c) an injury suffered where the owner of land charges a person to enter or go on the
74 land or use the land for any recreational purpose[, except].
75 (2) For purposes of Subsection (1)(c), if the land is leased to the state or a subdivision
76 of the state, any consideration received by the owner for the lease is not a charge within the
77 meaning of this section.
78 [(2)] (3) Any person who hunts upon a cooperative wildlife management unit, as
79 authorized by Title 23, Chapter 23, Cooperative Wildlife Management Units, is not considered
80 to have paid a fee within the meaning of this section.
81 [(3)] (4) Owners of a dam or reservoir who allow recreational use of the dam or
82 reservoir and its surrounding area and do not themselves charge a fee for that use, are
83 considered not to have charged for that use within the meaning of Subsection (1)(c), even if the
84 user pays a fee to the Division of Parks and Recreation for the use of the services and facilities
85 at that dam or reservoir.
86 (5) The state or a subdivision of the state that owns property purchased for a railway
87 corridor is considered not to have charged for use of the railway corridor within the meaning of
88 Subsection (1)(c), even if the user pays a fee for travel on a privately owned rail car S [ or other
89 recreational rail conveyance ] s that crosses or travels over the railway corridor if the state or a

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91 (a) allows recreational use of the railway corridor and its surrounding area; and
92 (b) does not charge a fee for that use.

Legislative Review Note
as of 12-14-04 4:33 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel