This chapter does not limit in any way any liability that otherwise exists for:

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Terms Used In North Dakota Code 53-08-05

1.    Willful and malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or

2.    Injury suffered in any case in which the owner of land:

a.    Charges the person for entry onto the land other than the amount, if any, paid to the owner of the land by the state; and

b.    The total charges collected by the owner in the previous calendar year for all recreational use of land under the control of the owner are more than:

(1) Twice the total amount of property taxes imposed on the land for the previous calendar year; or

(2) In the case of agricultural land, four times the total amount of property taxes imposed on the land for the previous calendar year.