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S.B. 32 Enrolled
LONG TITLE
General Description:
This bill modifies the Real Estate Code by amending provisions related to the limitation
of landowner liability for certain public recreation.
Highlighted Provisions:
This bill:
. amends the definition of land to include railway corridors as land covered under the
limitation of landowner liability for public recreation provisions;
. amends the definition of recreational purpose to include:
. engaging in equestrian activities; and
. riding certain rail cars on a narrow gauge track;
. provides that the state or a subdivision of the state is not considered to have charged
an admission fee for use of a railway corridor if the state or a political subdivision
of the state owns the railway corridor, allows recreational use of the corridor, and
does not charge a fee for that use, even if the user pays a fee to travel on a privately
owned rail car that crosses over the railway corridor; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-14-2, as last amended by Chapter 62, Laws of Utah 1997
57-14-6, as last amended by Chapters 32, 62 and 258, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 57-14-2 is amended to read:
57-14-2. Definitions.
As used in this chapter:
(1) (a) "Land" means any land within the territorial limits of [
(b) "Land" includes roads, railway corridors, water, water courses, private ways and
buildings, structures, and machinery or equipment when attached to the realty.
(2) "Owner" includes the possessor of any interest in the land, whether public or private
land, a tenant, a lessor, a lessee, and an occupant or person in control of the premises.
(3) "Recreational purpose" includes, but is not limited to, any of the following or any
combination thereof:
(a) hunting[
(b) fishing[
(c) swimming[
(d) skiing[
(e) snowshoeing[
(f) camping[
(g) picnicking[
(h) hiking[
(i) studying nature[
(j) waterskiing[
(k) engaging in water sports[
(l) engaging in equestrian activities;
(m) using boats[
(n) mountain biking[
(o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch
gauge;
(p) using off-highway vehicles or recreational vehicles[
(q) viewing or enjoying historical, archaeological, scenic, or scientific sites.
(4) "Charge" means the admission price or fee asked in return for permission to enter or
go upon the land.
(5) "Person" includes any person, regardless of age, maturity, or experience, who enters
upon or uses land for recreational purposes.
Section 2. Section 57-14-6 is amended to read:
57-14-6. Liability not limited where willful or malicious conduct involved or
admission fee charged.
(1) Nothing in this [
(a) willful or malicious failure to guard or warn against a dangerous condition, use,
structure, or activity;
(b) deliberate, willful, or malicious injury to persons or property; or
(c) an injury suffered where the owner of land charges a person to enter or go on the land
or use the land for any recreational purpose[
(2) For purposes of Subsection (1)(c), if the land is leased to the state or a subdivision of
the state, any consideration received by the owner for the lease is not a charge within the meaning
of this section.
[
authorized by Title 23, Chapter 23, Cooperative Wildlife Management Units, is not considered to
have paid a fee within the meaning of this section.
[
and its surrounding area and do not themselves charge a fee for that use, are considered not to
have charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to
the Division of Parks and Recreation for the use of the services and facilities at that dam or
reservoir.
(5) The state or a subdivision of the state that owns property purchased for a railway
corridor is considered not to have charged for use of the railway corridor within the meaning of
Subsection (1)(c), even if the user pays a fee for travel on a privately owned rail car that crosses
or travels over the railway corridor if the state or a subdivision of the state:
(a) allows recreational use of the railway corridor and its surrounding area; and
(b) does not charge a fee for that use.
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