SB 577 — Limiting landowner liability when land is used for certain purposes

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 577 ByB SenatorsYSENATORSM Maynard,AYNAR, Karnes,ARNES,ANDW andOODRUM Woodrum[Originating [Introducedin Januarythe 26,Committee 2024;on the Judiciary;

referredreported February 7, 2024] CS for SB 577 A BILL to amend and reenact §19-25-3, §19-25-4, §19-25-5, and §19-25-6 of the CommitteeCode onof OutdoorWest Recreation;Virginia, 1931, as amended, all relating generally to limiting landowner liability for injuries to, or caused by, persons entering or going upon land for noncommercial recreational purposes, wildlife propagation purposes, military training purposes, law-enforcement training purposes, or homeland defense training purposes;

andclarifying thenstatutory tolanguage thein Committeelight on the Judiciary] Intr SB 2024R3032 A BILL to amend and reenact §19-25-3, §19-25-4, §19-25-5, and §19-25-6 of theMallet Codev. of West Virginia, 1931, as amended, all relating generally to limiting landowner liability for injuries to, or caused by, persons entering or going upon land for noncommercial recreational purposes, wildlife propagation purposes, military training purposes, law-enforcement training purposes, or homeland defense training purposes;

substitutingPickens, the206 termW.Va. "fee" for the term "charge";

defining145, the522 termS.E.2d "fee";436 (1999);

providingdefining thatterms, forand themaking purposesnumerous oftechnical limitingcorrections. landowner liability, a fee does not include a fee for an annual event or occurrence, if the total of such fees in a year does not exceed $25 per individual;

providing that for the purposes of limiting landowner liability, a fee does not include voluntary donations to certain charitable entities;

amending the term "land" to include premises;

amending the definition of the term "owner of land" to specifically include any person holding legal possession, ownership, or partial ownership of an interest in land, or a person sponsoring land or premises for volunteer improvement or maintenance purposes;

amending the definition of the term "recreational purposes" to specifically include parking on, or traversing land to engage in recreational activities, and maintaining, or making improvements to, land for the purpose of making recreational activities accessible;

naming the activities of rock climbing, bouldering, and kayaking as being activities within the definition of "recreational purposes";

and making numerous technical corrections.

Limiting duty of landowner who grants a lease, easement, or license of land to federal, state, county, or municipalmunicipalor governmentlocal government, or any agency thereof.

(a) Unless otherwise agreed in writing, an owner of land who grants a lease, easement, or license of land to the federal, state, or local governmentgovernment, or any agency thereof, or the state or any agency thereof, or any county or municipality or agency thereof for military training purposes, law-law-enforcement enforcement training purposes, or homeland defense training purposes, or noncommercial recreational purposes, Intr SB 2024R3032 or wildlife propagation purposes owes no duty of care to keep that land safe for entry or use by others for such purposes, or to give warning to persons entering or going upon the land for such purposes of any dangerous or hazardous conditions, uses, structures, or activities,activities thereon, or wild animals thereon.on the land.

(b) An owner of land who grants does not, by granting 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, law-enforcement or homeland-defense training, or recreational or wildlife propagation purposes does not by giving a lease, easement, or license (a)(a)described described in subsection (a) of this section, extend any assurance to any person using the land that the premises are land is 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)(c)assume assumeresponsibility, responsibilityCS for SB 577 for or incur liability for any injury to personpersons 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 a trespasser or otherwise.

or (b) (2) For injury suffered in any case where the owner of land charges a fee in exchange for the person or persons who to enter or go on upon the land other than the amount, if any, paid to the owner of the land by the federal, state, or local governmentgovernment, or any agency thereof.

the state or any agency thereof, or any county or municipality or agency thereof (b) Nothing herein in this article creates a duty of care or ground of grounds for liability for injury to personpersons or property.

(c) Nothing herein in this article limits in any way the obligation of a person entering or going upon or using the land of another for recreational or wildlife propagation purposes to exercise due care in his or her use of such the land and in his or her or activities thereon.thereon on the land.

Intr SB 2024R3032 (d) The amendments to this article madecodify duringSyllabus thePoint regular4 session of the Legislature, 2024, removing all provisions related to the absence of invitee or licensee status of persons entering or going upon land, are intended to remove provisions made obsolete by the holding of the West Virginia Supreme Court of Appeals in Mallet v.

145, 522 S.E.2d 436 (1999) andby doremoving notthe createdistinction anyof newlicensees dutyand ofinvitees carewho orenter groundsupon forland. liability.

CS for SB 577 "Charge" "Fee" means (A) For purposes of limiting liability for recreational or wildlife propagation purposes set forth in §19-25-2 of this code, 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 $50 a year perperrecreational recreational participant:

(A) APayment fee for participation in an annual event or occurrence on the land:

(B) ThePayments feesmade chargedor funds owed pursuant to §20-14-1 et seq.

of this code pertaining to the Hatfield-Hatfield-McCoy McCoy Regional Recreation Authority or activities sponsored on the Hatfield-McCoy regional recreational authority Recreation Area;

or (B) For purposes of limiting liability for military, law enforcement, or homeland-defense training set forth in §19-25-6 of this code, the amount of money asked in return for an invitation to enter or go upon the land Intr SB 2024R3032 (C) Any voluntary donation to an organization holding charitable organization status under Section 501(c)(3) of the Internal Revenue Code for the purpose of maintaining, improving, or promoting access to the land at issue.

"Noncommercial recreational activity" does not include any activity for which there is any charge which exceeds $50 per year per participantparticipant. a fee is charged.

"Owner of land" means any person holding legal possession, ownership, or partial ownership of an interest in land and includes, but is not limited to, a tenant, lessee, occupant, or person in control of the premises land,land. or a person sponsoring land for volunteer improvement or maintenance purposes.

CS for SB 577 (A) Any noncommercial recreational activity undertaken outdoors, or practice or instruction in any such activity, for the purpose of exercise, relaxation, or pleasure, including, but is not limited to, any one or any combination of the following noncommercial recreational activities:

or otherwise using land for purposes of the user (B)provided Parkingthat onno orfee traversingis landcharged. for the purpose of engaging in a recreational activity described in paragraph (A) of this subdivision;

or(B) (C)Parking Maintaining,on or makingtraversing improvements to, land for the purpose of makingengaging suchin land accessible or usable for a recreational activity described in paragraph (A) of this subdivision.subdivision;

"Trainingor purposes",(C) asMaintaining that term describes military, law-enforcement, and homeland defense activities, includes, but is not limited to, training, encampments, instruction, overflight by military aircraft, parachute drops of personnel or equipment,improving or other use of land byforthe apurpose member of Intrmaking SBsuch 2024R3032land theaccessible Army National Guard or Airusable Nationalfor Guard,recreational apurposes. member of a reserve unit of the armed forces of the United States, a person on active duty in the armed forces of the United States, a state or federal law-enforcement officer, a federal agency or service employee, a West Virginia Military Authority employee, or a civilian contractor supporting the military or government employees acting in that capacity.

"Training purposes", as that term describes military, law-enforcement, and homeland defense activities, includes, but is 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, a person on active duty in the armed forces of the United States, a state or federal law-enforcement officer, a federal agency or service employee, a West Virginia Military Authority employee, or a civilian contractor supporting the military or government employees acting in that capacity.

of this code or from the use of surface in the conduct of underground coal mining as governed by that article and any rules promulgated because of the article, which ponds, structures, or impoundments are designated CS for SB 577 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 lifelife, and finds and determines that the premises have the potential of being actually used by the wildlife for those purposespurposes, and that the premises are no longer used or necessary for mining reclamation purposes.

The certification shall be in a form satisfactory to the director and shall provide that the designated ponds, structures, or impoundments may not be removed without the joint consent of the director and the owner.

(a) Notwithstanding the provisions of §19-25-4 of this code to the contrary, anunless ownerotherwise ofagreed Intrin SBwriting, 2024R3032an owner of land owes no duty of care to keep the premises the land safe for entry or use by others for military training purposes, law-enforcement training purposes, or homeland defense training purposes, regardless of whether any charge is made fee is charged therefor, or to give any warning of a dangerous ororhazardous hazardous condition, use, structure, wild animal, domesticated animal and livestock, or activity on the premises to persons entering for those purposes.

(b) Notwithstanding the provisions of §19-25-4 of this code to the contrary, unless otherwise agreed in writing, an owner of land who either directly or indirectly invites or permits, either with or without charge charging a fee, any person to use the property for military training CS for SB 577 purposes, law-enforcement training purposes, or homeland defense training purposes does not thereby (a) extend any assurance that the premises are land is safe for any purpose (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 a person or property caused by an act or omission of those persons the person.