West
Virginia
Recreational Use Statute
WEST
VIRGINIA
CODE
CHAPTER 19. AGRICULTURE
ARTICLE 25. LIMITING LIABILITY OF
LANDOWNERS
19-25-1.
Purpose
The
purpose of this article is to encourage owners of land to make
available to the public land and water areas for military training
or recreational or wildlife propogation purposes by limiting their
liability toward persons entering thereon and for injury to the
property of persons entering thereon and limiting their liability
to persons who may be injured or otherwise damaged by the
acts or omissions of persons entering thereon.
19-25-2. Limiting duty of
landowner generally
Subject
to the provisions of section four [s 19-25-4] of this article, an
owner of land owes no duty of care to keep the premises safe for
entry or use by others for recreational or wildlife propagation
purposes, or to give any warning of a dangerous or hazardous
condition, use, structure or activity on such premises to persons
entering for such purposes.
Subject
to the provisions of section four of this article, an owner of
land who either directly or indirectly invites or permits without
charge as that term is defined in section five [19-25-5] of this
article, any person to use such property for recreational or
wildlife propagation purposes does not thereby (a) extend any
assurance that the premises are safe for any purpose, or (b)
confer upon such persons 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 an act or omission of such persons.
19-25-3.
Limiting duty of landowner who grants a lease, easement or license
of land to federal, state, county or municipal government or any
agency thereof
Unless
otherwise agreed in writing, an owner who grants a lease, easement
or license of land to the federal government or any agency
thereof, or the state or any agency thereof, or any county or
municipality or agency thereof, for military training or
recreational or wildlife propagation purposes owes no duty of care
to keep that land safe for entry or use by others or to give
warning to persons entering or going upon the land of any
dangerous or hazardous conditions, uses, structures or activities
thereon. An owner who grants a lease, easement or license of land
to the federal government or any agency thereof, or the state or
any agency thereof, or any county or municipality or agency
thereof, for military training or recreational or wildlife
propagation purposes does not by giving a lease, easement or
license: (a) Extend any assurance to any person using the land
that the premises are safe for any purpose; or (b) confer upon
those persons 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 an act or
omission of a person who enters upon the leased land. The
provisions of this section apply whether the person entering upon
the leased land is an invitee, licensee, trespasser or otherwise.
19-25-4. Application of article
Nothing
herein limits in any way any liability which otherwise exists: (a)
For deliberate, willful or malicious infliction of injury to
persons or property; or (b) for injury suffered in any case where
the owner of land charges the person or persons who enter or go on
the land other than the amount, if any, paid to the owner of the
land by the federal government or any agency thereof, the state or
any agency thereof, or any county or municipality or agency
thereof.
Nothing
herein creates a duty of care or ground of liability for injury to
person or property.
Nothing
herein limits in any way the obligation of a person entering upon
or using the land of another for recreational or wildlife
propagation purposes to exercise due care in his or her use of
such land and in his or her activities thereon.
19-25-5. Definitions
Unless
the context used clearly requires a different meaning, as used in
this article:
(1)
"Charge" means:
(A)
For purposes of limiting liability for recreational or wildlife
propagation purposes set forth in section two of this article, the
amount of money asked in return for an invitation to enter or go
upon the land, including a one-time fee for a particular event,
amusement, occurrence, adventure, incident, experience or occasion
which may not exceed fifty dollars a year per recreational
participant: Provided, That the monetary cap on charges
imposed pursuant to this article does not apply to the provisions
of article fourteen, chapter twenty of this code pertaining to the
Hatfield McCoy regional recreational authority or activities
sponsored on the Hatfield-McCoy recreation area;
(B)
For purposes of limiting liability for military training set forth
in section six of this article, the amount of money asked in
return for an invitation to enter or go upon the land;
(2)
"Land" includes, but shall not be limited to, roads,
water, watercourses, private ways and buildings, structures and
machinery or equipment thereon when attached to the realty;
(3)
"Noncommercial recreational activity" shall not include
any activity for which there is any charge which exceeds fifty
dollars per year, per participant;
(4)
"Owner" includes, but shall not be limited to, tenant,
lessee, occupant or person in control of the premises;
(5)
"Recreational purposes" includes, but shall not be
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, nature
study, water skiing, winter sports and visiting, viewing or
enjoying historical, archaeological, scenic or scientific sites or
otherwise using land for purposes of the user;
(6)
"Wildlife propagation purposes" applies to and includes
all ponds, sediment control structures, permanent water
impoundments or any other similar or like structure created or
constructed as a result of or in connection with surface-mining
activities, as governed by article three [s 22-3-1], chapter
twenty-two of this code, or from the use of surface in the conduct
of underground coal mining as governed by said article, and rules
promulgated thereunder, which ponds, structures or impoundments
are hereafter designated and certified in writing by the director
of the division of environmental protection and the owner to be
necessary and vital to the growth and propagation of wildlife,
animals, birds and fish or other forms of aquatic life, and finds
and determines that the premises has the potential of being
actually used by the wildlife for those purposes and that the
premises are no longer used or necessary for mining reclamation
purposes. The certification shall be in form satisfactory to the
director and shall provide that the designated ponds, structures
or impoundments shall not be removed without the joint consent of
the director and the owner; and
(7)
"Military training" includes, but it not limited to,
training, encampments, instruction, overflight by military
aircraft, parachute drops of personnel or equipment or other use
of land by a member of the army national guard or air national
guard, a member of a reserve unit of the armed forces of the
United States or a person on active duty in the armed forces of
the United States, acting in that capacity.
Amended
in 1997, 2001.
Reviewed by AAHS in July 2001.
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