HB 718 — LIABILITY/CIVIL: Provides a limitation of liability to a landowner who authorizes the free use of his private property for aeronautical activities at nonpublic use airports

HLSENROLLED 26RS-68 ENGROSSED Regular Session HOUSE BILL NO.

718 BY REPRESENTATIVE BOURRIAQUE LIABILITY/CIVIL:AN ACT To enact R.S.

Provides a limitation of liability to a landowner who authorizes the free use of his private propertyfor aeronautical activities at nonpublic use airports AN ACT To enact R.S.

Limitation of liabilityfor aeronauticalaeronauticalactivities activities at nonpublic use airports;

(2)Page "Charge"1 meansof the3 admissionCODING: price or fee required in return for permission to use lands, but does not include the following:

(a) The sharing of game, fish, or other products of recreational use.

Page 1 of 4 CODING:

HLS 26RS-68 ENGROSSED HB NO.

718 (b)ENROLLED Contributions(2) "Charge" means the admission price or fee required in kind,return services,orcashpaidtoreduceoroffsetcostsandfor eliminatepermission lossesto fromuse recreationallands, use.but does not include the following:

(a) The sharing of game, fish, or other products of recreational use.

(b) Contributions in kind, services,orcashpaidto reduceoroffsetcostsand eliminate losses from recreational use.

(4) "Malicious"meansanintentionalactofmisconductthattheactorknows"Malicious"meansanintentional actofmisconductthattheactorknows or should have known is likely to result in harm.

(5) "Nonpublic use airport" means an airport that is primarily used by the owner with access byothers without a charge as permitted by the owner.

(6) "Owner""Owner"meansthepossessorofafeeinterest,atenant,lessee,occupant, means the possessor of a fee interest or ownershipperson rights in acontrol property,of includingthe apremises. tenant, lessee, or occupant.

(7) "Recreational"Person" purpose"means includesindividuals aeronauticalregardless activitiesof atage. nonpublic use airports.

(8) "Recreational purpose" includes aeronautical activities at nonpublic use airports.

Except for willful or malicious failure to warn against a dangerous condition, use,use,structure,oractivity,anownerofanonpublicuseairportshall structure,not be liable for anyloss or activity,damage to anyperson on the owner's propertywhen the loss or damage is related to an owneremergency landing of land,an aircraft, except an owner of commercial recreational developments or facilities, who permits with or without charge any person to use his land for recreational purposes as defined in this SubsectionSubsection. does not thereby:

(1) Extendanyassurancethatthepremisesaresafeforanyspecificpurposes.

(2) Provideapersonthelegalstatusofaninviteeorlicenseeto whom aduty of care is owed.

(3) Incur liability for any injury to person or property caused by any defect in the land regardless of whether naturallyoccurring or manmade.

Page 2 of 43 CODING:

HLS 26RS-68 ENGROSSED HB NO.

718 ENROLLED D.

NothinginNothing thisSectionin shallthis beSection construedshall tobeconstruedto relieveanyperson usingtheusing the land of another for recreational purposes from anyobligation which he mayhave in the absence of this Section to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failing to employ such care.

E.SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ThelimitationofliabilityprovidedinthisSectionshallapplytoanylandsPage or3 water bottoms owned, leased, or managed by the owner, regardless of the3 purposesforwhichthelandorwaterbottomsareused,andwhethertheyareusedforCODING: recreational purposes.

DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.

Itconstitutes nopart of the legislative instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 718 Engrossed 2026 Regular Session Bourriaque Abstract:

Extends a limitation of liabilityto landowners permitting the recreational use of land for aeronautical activities at nonpublic use airports.

Present law provides for the limited liability of owners or occupants of property not used primarily for commercial recreational purposes.

Further specifies that an owner, lessee, or occupant of premises owes not duty of care to keep such premises safe for entry or use by others for hunting, fishing, camping, hiking, sightseeing, or boating or to give warning of anyhazardousconditions,useof,structure,oractivitiesonsuchpremisestopersonsentering for such purposes.

Proposed law defines "aeronauticalactivities"as the act or practice of the art and scienceof transportation by aircraft and operations, construction, repair, or maintenance of aircraft, airports, landing fields, landing strips, air navigation of, or flight in, or air instruction.

Proposedlawdefines"charge"astheadmissionpriceorfeerequiredinreturnforpermission to use lands, but does not include the following:

(1) The sharing of game, fish, or other products of recreational use.

(2) Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use.

(3) Donations made during aeronautical activities at nonpublic use airports.

Proposed law defines "land" as urban or rural land, roads, water, watercourses, airstrips, private ways and buildings, structures, including machineryor equipment when attached to the immovable property.