Existing law provides that, with certain exceptions, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty to: (1) keep the premises safe for entry or use by others for participating in any recreational activity; or (2) give warning of any hazardous condition, activity or use of any structure on the premises to persons entering to participate in recreational activity. Existing law also provides that if an owner, lessee or occupant of premises gives permission to another person to participate in recreational activities upon those premises: (1) the owner, lessee or occupant does not assure that the premises are safe for that purpose or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted; and (2) the person using the premises does not acquire any property rights in or rights of easement to the premises. (NRS 41.510) This bill: (1) provides that the law regarding this limitation on liability may be known and cited as the Recreational Use of Land Statute; and (2) provides a declaration of legislative intent regarding the purpose of the Recreational Use of Land Statute. This bill also limits the liability of the State of Nevada, and any political subdivision thereof, for any injury to a person engaging in recreational activity if the premises: (1) are included in any recreational plan or other similar land use plan; (2) are designated to be used for recreational activity by the governing body of a public entity or a designee of the governing body of a public entity; or (3) consist of any portion of a public road, highway, street, alley or sidewalk forming part of a trail, equestrian path, shared-use path or other similar trail or path. Additionally, this bill limits the liability of a nonprofit entity that owns certain land for any injury to a person engaging in recreational activity on the premises if such premises remain open to the public for free and consist of: (1) a trail or interconnected trail system of 100 miles or more which is entirely owned by the nonprofit entity and which is designated for recreational purposes; (2) a park which is 10 acres or more in area and which is designated for recreational purposes; or (3) a wash that is preserved pursuant to a federal permit. Furthermore, this bill limits the liability of an owner, lessee or occupant of rural or semi-rural non-residential land for any injury to a person who enters or uses the premises to engage in recreational activity. Finally, this bill provides that if any court order grants or denies immunity from liability to the State of Nevada, or any political subdivision thereof, an interlocutory appeal lies to the Supreme Court.

Statutes affected:
As Introduced: 41.510
Reprint 1: 41.510
Reprint 2: 41.510
As Enrolled: 41.510
BDR: 41.510