Kansas Statutes 58-3214. Adjacent property owners; duty of care
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Terms Used In Kansas Statutes 58-3214
- Adjacent property owner: means a person or entity, other than a responsible party, who owns property or facilities on or adjacent to a recreational trail. See Kansas Statutes 58-3211
- Land: means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty and includes agricultural and nonagricultural land. See Kansas Statutes 58-3202
- Owner: means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises. See Kansas Statutes 58-3202
- Person: means an individual, proprietorship, partnership, corporation, club, governmental entity or other legal entity. See Kansas Statutes 58-3221
- Property: includes personal and real property. See Kansas Statutes 77-201
- Recreational trail: means a trail created pursuant to subsection (d) of 16 U. See Kansas Statutes 58-3211
An adjacent property owner has no duty of care to: (a) Any person using a recreational trail, except that this subsection shall not relieve an adjacent property owner from liability for injury to another that is a direct result of such property owner’s gross negligence or willful or wanton misconduct; or (b) any person entering such adjacent property owner’s land by way of the recreational trail without implied or expressed permission or consent of the adjacent property owner, except that this subsection shall not relieve an adjacent property owner from liability for injury to another that is a direct result of an intentional or unlawful act of the adjacent property owner.