American Whitewater

Indiana Recreational Use Statute

INDIANA CODE
TITLE 14: NATURAL AND CULTURAL RESOURCES
ARTICLE 22: FISH AND WILDLIFE
CHAPTER 10: WILDLIFE REGULATION

§14-22-10-1

A person may not:

(1) fish, hunt, trap, or chase; or

(2) shoot with any kind of firearm; upon privately owned land without having the consent of the owner or tenant of the land.

HISTORY: As added by P.L.1-1995, SEC.15.

§14-22-10-2

(a) As used in this section and section 2.5 of this chapter, “governmental entity” means any of the following:

(1) The government of the United States of America.

(2) The state of Indiana.

(3) A county.

(4) A city.

(5) A town.

(6) A township.

(7) The following, if created by the Constitution of the United States, the Constitution of the State of Indiana, a statute, an ordinance, a rule, or an order:

(A) An agency.

(B) A board.

(C) A commission.

(D) A committee.

(E) A council.

(F) A department.

(G) A district.

(H) A public body corporate and politic.

(b) As used in this section and section 2.5 of this chapter, “monetary consideration” means a fee or other charge for permission to go upon a tract of land. The term does not include:

(1) the gratuitous sharing of game, fish, or other products of the recreational use of the land;

(2) services rendered for the purpose of wildlife management; or

(3) contributions in kind made for the purpose of wildlife management.

(1) has a fee interest in;

(2) is a tenant, a lessee, or an occupant of; or

(3) is in control of; a tract of land.

(d) A person who goes upon or through the premises, including caves, of another:

(1) with or without permission; and

(2) either:

(A) without the payment of monetary consideration; or

(B) with the payment of monetary consideration directly or indirectly on the person's behalf by an agency of the state or federal government; for the purpose of swimming, camping, hiking, sightseeing, or any other purpose (other than the purposes described in section 2.5 of this chapter) does not have an assurance that the premises are safe for the purpose.

(e) The owner of the premises does not:

(1) assume responsibility; or

(2) incur liability;

for an injury to a person or property caused by an act or failure to act of other persons using the premises.

(f) This section does not affect the following:

(1) Existing Indiana case law on the liability of owners or possessors of premises with respect to the following:

(A) Business invitees in commercial establishments.

(B) Invited guests.

(2) The attractive nuisance doctrine.

(g) This section does not excuse the owner or occupant of premises from liability for injury to a person or property caused by a malicious or an illegal act of the owner or occupant.

HISTORY: As added by P.L.1-1995, SEC.15. Amended by P.L.178-1995, SEC.3; P.L.138-1997, SEC.2; P.L.75-1998, SEC.2.

§14-22-10-2.5

(a) A person who goes upon or through the premises, including caves, of another:

(1) with or without permission; and

(2) either:

(A) without the payment of monetary consideration; or

(B) with the payment of monetary consideration directly or indirectly on the person's behalf by an agency of the state or federal government;

for the purpose of hunting, fishing, trapping, or preparing to hunt, fish, or trap, does not have an assurance that the premises are safe for that purpose.

(b) The owner of the premises does not:

(1) assume responsibility; or

(2) incur liability;

for an injury to a person or property caused by an act or failure to act of other persons using the premises.

(1) Business invitees in commercial establishments.

(2) The attractive nuisance doctrine.

(d) This section does not excuse the owner or occupant of premises from liability for injury to a person or property caused by a malicious or an illegal act of the owner or occupant.

HISTORY: As added by P.L.75-1998, SEC.3.

SUPPLEMENTAL INFORMATION

ADDITIONAL INFORMATION: Text of Code also available at http://www.state.in.us/legislative/ic/2000/title14/ar22/ch10.html on 11/13/00.

Note: The following recreational use statute applies to landowner liability on approved “Recreational Trails.”

§8-4.5-6: Chapter 6. Local Participation in Establishment of Recreational Trails

§8-4.5-6-1

(a) Subject to this chapter, a corridor may be used for a recreational trail.

(b) A recreational trail may not be authorized under this chapter to be used by motorized vehicles except for the following:

(1) Vehicles used to maintain or provide security for the trail.

(2) Vehicles used by persons with disabilities.

© A recreational trail may be authorized under this chapter on any part of a corridor that has rail traffic with the consent of the rail traffic operator and owner after consideration of appropriate and safe design and operation.

HISTORY: As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.15.

§8-4.5-6-2

Before a corridor in any part of a county may be converted for use as a recreational trail, a responsible party must file the information required by section 3 of this chapter with the following:

(1) The department of natural resources.

(2) If any part of the recreational trail is intended to be located in a municipality, with the executive of the municipality.

(3) If any part of the recreational trail is intended to be located on property not within a municipality, with the county executive of any county in which the recreational trail is intended to be located.

HISTORY: As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.16.

§8-4.5-6-3

A responsible party must file the following information under section 2 of this chapter:

(1) A description and map of the proposed recreational trail. The information filed under this subdivision must identify the following:

(A) The properties for which the responsible party has secured the legal right to use as a recreational trail.

(B) The properties for which the responsible party has not, at the time of the filing, secured the legal right to use as a recreational trail.

(2) The name and address of the responsible party. If the responsible party is not an individual, the following information about the responsible party must also be included:

(A) If the responsible party is a governmental entity, the following:

(i) The name and address of the individual or body responsible for the administration of the governmental entity.

(ii) The name, address, and head of any agency of the governmental entity that will be responsible for the operation of the recreational trail.

(B) If the responsible party is a corporation of any kind, the officers of the corporation and the address at which legal documents for the corporation may be served.

(C) If the responsible party is a partnership of any kind, the names and addresses of all of the partners.

(D) If the responsible party is any other kind of entity, the name and address of each individual who satisfies the following:

(i) The individual belongs to or is affiliated with the entity.

(ii) The individual has some responsibility for the organization or governance of the entity.

(3) A project concept statement for the recreational trail, including a location map, cross-section, and sketch of the project, detailed enough to generate project cost estimates. The proposed project is not required to be designed before filing, but the concept must be reasonable from a transportation engineering standpoint and detailed enough to generate project cost estimates.

(4) An environmental impact statement, if required by law.

(5) An itemized cost estimate for the total project showing for each item the cost and funding source.

(6) Expenses, including personnel costs, costs of goods and services, contractual services, equipment, utilities, travel, and taxes. The information provided under this subdivision must specifically show expenses for:

(A) trail security;

(B) fencing;

(C) maintenance; and

(D) drainage.

(7) A trail operation agreement under which the responsible party agrees to operate the recreational trail. The trail operation agreement must provide that the responsible party shall grant easements to persons who own adjacent property on both sides of the recreational trail permitting those persons to cross the trail in a reasonable fashion given the use of the adjacent property. The following may require inclusion of other provisions in the trail operation agreement considered advisable:

(A) The department of natural resources.

(B) The executive of a county if an ordinance of the legislative body of the county is required to authorize the recreational trail under this chapter.

(C) The executive of a municipality if an ordinance of the legislative body of the municipality is required to authorize the recreational trail under this chapter.

HISTORY: As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.17.

§8-4.5-6-4

(a) After the responsible party completes the filings required by section 3 of this chapter:

(1) if the entire recreational trail is intended to be located within a municipality, the legislative body of the municipality may adopt an ordinance authorizing the recreational trail within the municipality; or

(2) if subdivision (1) does not apply, the legislative body of each county in which the recreational trail is intended to be located may adopt an ordinance authorizing the recreational trail within the county.

(b) A recreational trail is not authorized until both of the following occur:

(1) One (1) of the following applies:

(A) If the entire recreational trail is intended to be located in a municipality, the legislative body of the municipality adopts an ordinance under subsection (a)(1).

(B) If clause (A) does not apply, the legislative body of each county in which the recreational trail will be located adopts an ordinance under subsection (a)(2).

(2) The department of natural resources approves establishment of the recreational trail.

(d) The department of natural resources may do the following:

(1) Amend the approval given under subsection (b) to regulate the use or operation of the recreational trail.

(2) Authorize a county or a municipality to repeal an ordinance adopted under subsection (b) to revoke authorization of the recreational trail if the responsible party substantially breaches the trail operation agreement.

HISTORY: As added by P.L.40-1995, SEC.3.

§8-4.5-6-5

(a) A property owner has no duty of care to any person who is using a recreational trail.

(b) This section does not relieve a property owner from liability for injury that is a direct result of the property owner's:

(1) own use of a recreational trail; or

(2) gross negligence or willful or wanton misconduct.

HISTORY: As added by P.L.40-1995, SEC.3.

§8-4.5-6-6

At the request of a property owner, the responsible party (including a governmental entity), at the responsible party's expense, shall do the following:

(1) If the responsible party is not a governmental entity, either:

(A) post a bond in an amount sufficient to satisfy the responsible party's obligation to erect the fences requested under this section; or

(B) establish an escrow account with a financial institution or a person selected by mutual agreement with a property owner that contains sufficient money to erect the fences requested under this section.

The terms of the escrow agreement described in clause (B) must require that the money in the account be dedicated to the provision of the fences requested under this section with the surplus to be returned to the responsible party. The responsible party may post a single bond or establish a single escrow account to provide fences for more than one (1) property owner.

(2) Erect and maintain fencing between the recreational trail and the property owner's property. The fencing must be in accordance with current fencing standards of the Indiana department of transportation for urban or rural settings, as appropriate to the location of the recreational trail.

HISTORY: As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.18.

§8-4.5-6-7

A governmental entity shall determine that the requirements for approval of a recreational trail under this chapter have been satisfied before the governmental entity may do either of the following:

(1) Participate in the operation of a recreational trail.

(2) Spend or grant money under its control for a recreational trail.

HISTORY: As added by P.L.40-1995, SEC.3.

ADDITIONAL INFORMATION: Text of Code also available at http://www.state.in.us/legislative/ic/2000/title8/ar4.5/ch6.html on 11/13/00.

Note: The following applies to government immunity from recreational use liability.

§34-30-9: Chapter 9. Governmental Entities: Immunity for Certain Activities on Property Leased by a State Agency

§34-30-9-1

A person who goes on or through property leased to an agency for any purpose is not entitled to any assurance that the property is safe for the purpose.

HISTORY: As added by P.L.1-1998, SEC.26.

§34-30-9-2

The owner of the property does not:

(1) assume responsibility for; or

(2) incur liability for;

any injury to person or property caused by an act or failure to act of persons using the property.

HISTORY: As added by P.L.1-1998, SEC.26.

§34-30-9-3

This chapter does not create a duty of care or ground of liability for injury to person or property.

HISTORY: As added by P.L.1-1998, SEC.26.

ADDITIONAL INFORMATION: Text of Code also available at http://www.state.in.us/legislative/ic/2000/title34/ar30/ch9.html on 11/13/00.

Note: The following recreational use statute appears to have been repealed in 1995 in favor of the § 14-22-10 listing above.

BURNS INDIANA STATUTES ANNOTATED
TITLE 14: RECREATION AND LAND MANAGEMENT
ARTICLE 2: FISH AND WILDLIFE ACT (Repealed by P.L.1-1995, SEC.91)
CHAPTER 6: WILD ANIMAL REGULATIONS – POSSESSION AND TRANSPORTATION

§ 14-2-6-3. Nonliability of landowners

Any person who goes upon or through the premises including, but not as a limitation, lands, caves, waters, and private ways of another with or without permission to hunt, fish, swim, trap, camp, hike, sightsee, or for any other purposes, without the payment of monetary consideration, or with the payment of monetary consideration directly or indirectly on his behalf by an agency of the state or federal government, is not thereby entitled to any assurance that the premises are safe for such purpose. The owner of such premises does not assume responsibility for nor incur liability for any injury to person or property caused by an act or failure to act of other persons using such premises. The provisions of this section shall not be construed as affecting the existing case law of Indiana of liability of owners or possessors of premises with respect to business invitees in commercial establishments nor to invited guests nor shall this section be construed as to affect the attractive nuisance doctrine. Nothing in this section contained shall excuse the owner or occupant of premises from liability for injury to persons or property caused by the malicious or illegal acts of the owner or occupant.

HISTORY: Acts 1969, ch. 70, § 6-03; P.L.177-1983, § 1.