Superseded 7/1/2023 57-14-202. Use of private land without charge — Effect.
(1)
Except as provided in Subsection 57-14-204(1), an owner of land who either directly or indirectly invites or permits without charge, or for a nominal fee of no more than $1 per year, any person to use the owner’s land for any recreational purpose, or an owner of a public access area open to public recreational access under Title 73, Chapter 29, Public Waters Access Act, does not:
Terms Used In Utah Code 57-14-202
Charge: means the admission price or fee asked in return for permission to enter or go upon the land. See Utah Code 57-14-102
Land: includes roads, railway corridors, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to the realty. See Utah Code 57-14-102
Owner: means the possessor of any interest in the land, whether public or private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land. See Utah Code 57-14-102
Person: includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes. See Utah Code 57-14-102
Recreational purpose: includes , but is not limited to, any of the following or any combination thereof:
(a)
hunting;
(b)
fishing;
(c)
swimming;
(d)
skiing;
(e)
snowshoeing;
(f)
camping;
(g)
picnicking;
(h)
hiking;
(i)
studying nature;
(j)
waterskiing;
(k)
engaging in water sports;
(l)
engaging in equestrian activities;
(m)
using boats;
(n)
mountain biking;
(o)
riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge;
(p)
using off-highway vehicles or recreational vehicles;
(q)
viewing or enjoying historical, archaeological, scenic, or scientific sites;
(r)
aircraft operations; and
(s)
equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller skating, ice skating, walking, running, jogging, bike riding, or in-line skating. See Utah Code 57-14-102
(a)
make any representation or extend any assurance that the land is safe for any purpose;
(b)
confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(c)
assume responsibility for or incur liability for any injury to persons or property caused by an act or omission of the person or any other person who enters upon the land; or
(d)
owe any duty to curtail the owner’s use of the land during its use for recreational purposes.
(2)
The limitations of liability provided in this part apply to the owner of land designated as a migratory bird production area under Title 23, Chapter 28, Migratory Bird Production Area, that is owned and operated for any purpose allowed under Title 23, Chapter 28, Migratory Bird Production Area, if:
(a)
the owner allows a guest of the owner or, if the owner has shareholders, members, or partners, a guest of a shareholder, member, or partner of the owner to engage in an activity with a recreational purpose on that land; and
