H.B. 192

1

PRIVATE PROPERTY RIGHTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brad R. Wilson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill clarifies that a property owner has no duty of care to keep the premises safe for
10 entry or use by trespassers.
11 Highlighted Provisions:
12 This bill:
13 . defines "trespasser"; and
14 . clarifies that a property owner has no duty of care to keep the premises safe for
15 entry or use by a trespasser.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 57-14-2, as last amended by Laws of Utah 2005, Chapter 88
23 57-14-3, as last amended by Laws of Utah 1997, Chapter 62
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 57-14-2 is amended to read:
27 57-14-2. Definitions.

28 As used in this chapter:
29 [(4)] (1) "Charge" means the admission price or fee asked in return for permission to
30 enter or go upon the land.
31 [(1)] (2) (a) "Land" means any land within the territorial limits of Utah.
32 (b) "Land" includes roads, railway corridors, water, water courses, private ways and
33 buildings, structures, and machinery or equipment when attached to the realty.
34 [(2)] (3) "Owner" includes the possessor of any interest in the land, whether public or
35 private land, a tenant, a lessor, a lessee, and an occupant or person in control of the premises.
36 [(5)] (4) "Person" includes any person, regardless of age, maturity, or experience, who
37 enters upon or uses land for recreational purposes.
38 [(3)] (5) "Recreational purpose" includes[, but is not limited to,] any of the following
39 or any combination [thereof]:
40 (a) hunting;
41 (b) fishing;
42 (c) swimming;
43 (d) skiing;
44 (e) snowshoeing;
45 (f) camping;
46 (g) picnicking;
47 (h) hiking;
48 (i) studying nature;
49 (j) waterskiing;
50 (k) engaging in water sports;
51 (l) engaging in equestrian activities;
52 (m) using boats;
53 (n) mountain biking;
54 (o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch
55 gauge;
56 (p) using off-highway vehicles or recreational vehicles; and
57 (q) viewing or enjoying historical, archaeological, scenic, or scientific sites.
58 (6) "Trespasser" means a person who enters on the property of another without express

59 or implied permission and without invitation.
60 Section 2. Section 57-14-3 is amended to read:
61 57-14-3. Owner owes no duty of care or duty to give warning -- Exceptions.
62 Except as provided in Subsections 57-14-6 (1) and (2), an owner of land owes no duty
63 of care to keep the premises safe for entry or use by a trespasser, or any person entering or
64 using the premises for any recreational purpose or to give any warning of a dangerous
65 condition, use, structure, or activity on those premises to that person or a trespasser.




Legislative Review Note
as of 2-3-12 7:08 AM

Office of Legislative Research and General Counsel