H. B. 2178
(By Delegate Miller, D.)
[Introduced February 18, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections one, three and five, article
twenty-five, chapter nineteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to
further amend said article by adding thereto a new section,
designated section six, all relating to permitting
landowners to charge up to twenty-five dollars for the use
of land without incurring liability for other than willful
or malicious failure to guard or warn against a dangerous or
hazardous condition, use, structure or activity; defining
terms; and limiting the liability of landowners who allow
their property to be used for military training purposes.
Be it enacted by the Legislature of West Virginia:
That sections one, three and five, article twenty-five,
chapter nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and
that said article be further amended by adding thereto a new
section, designated section six, all to read as follows:
ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.
§19-25-1. Purpose.
The purpose of this article is to encourage owners of land
to make available to the public land and water areas for military
training or recreational or wildlife propagation purposes by
limiting their liability toward persons entering thereon and
toward persons who may be injured or otherwise damaged by the
acts or omissions of persons entering thereon.
§19-25-3. Limiting duty of landowner who leases land to state,
counties, municipalities or agencies.
Unless otherwise agreed in writing, an owner of land leased
to the state or any agency thereof, or any county or municipality
or agency thereof, for military training or recreational or
wildlife propagation purposes owes no duty of care to keep that
land safe for entry or use by others or to give warning to
persons entering or going upon such the land of any dangerous or
hazardous conditions, uses, structures or activities thereon.
An owner who leases land to the state or any agency thereof, or
any county or municipality or agency thereof, for military
training or recreational or wildlife propagation purposes shall
not by giving such a lease (a) extend any assurance to any person
using the land that the premises are safe for any purpose, or (b)
confer upon such those persons the legal status of an invitee or
licensee to whom a duty of care is owed, or (c) assume
responsibility for or incur liability for any injury to person or
property caused by an act or omission of a person who enters uponthe leased land. The provisions of this section apply whether
the person entering upon the leased land is an invitee, licensee,
trespasser or otherwise.
§19-25-5. Definitions.
Unless the context used clearly requires a different
meaning, as used in this article:
(a) "Charge" means the amount of money asked in return for
an invitation to enter or go upon the land including a one time
fee for a particular event, amusement, occurrence, adventure,
incident, experience or occasion but not including an amount of
money not to exceed twenty-five dollars a year for an individual
for the annual use of land;
(b) "Land" includes, but shall not be limited to, roads,
water, watercourses, private ways and buildings, structures and
machinery or equipment thereon when attached to the realty;
(c) "Owner" includes, but shall not be limited to, tenant,
lessee, occupant or person in control of the premises;
(d) "Recreational purposes" includes, but shall not be
limited to, any one or any combination of the following: Hunting,
fishing, swimming, boating, camping, picnicking, hiking, pleasure
driving, motorcycle or all-terrain vehicle riding, nature study,
water skiing, winter sports and visiting, viewing or enjoying
historical, archaeological, scenic or scientific sites, or
otherwise using land for purposes of the user;
(e) "Wildlife propagation purposes" applies to and includes
all ponds, sediment control structures, permanent waterimpoundments, or any other similar or like structure created or
constructed as a result of or in connection with surface mining
activities, as governed by article three, chapter twenty-two-a of
this code, or from the use of surface in the conduct of
underground coal mining as governed by articles one, two and
three, chapter twenty-two-a of this code, and rules promulgated
thereunder, which ponds, structures or impoundments are hereafter
designated and certified in writing by the director of the
department of natural resources and the owner to be necessary and
vital to the growth and propagation of wildlife, animals, birds
and fish or other forms of aquatic life, and finds and determines
that the premises has the potential of being actually used by the
wildlife for those purposes and that the premises are no longer
used or necessary for mining reclamation purposes. The
certification shall be in form satisfactory to the director and
shall provide that the designated ponds, structures or
impoundments shall not be removed without the joint consent of
the director and the owner; and
(f) "Military training" includes, but is not limited to,
training, encampments, instruction, overflight by military
aircraft, parachute drops of personnel or equipment or other use
of land by a member of the army national guard or air national
guard, a member of a reserve unit of the armed forces of the
United States, or a person on active duty in the armed forces of
the United States, acting in that capacity.
§19-25-6. Limiting duty of landowner for use of land for
military purposes.
Notwithstanding the provisions of section four of this
article, an owner of land owes no duty of care to keep the
premises safe for entry or use by others for military training
purposes, or to give any warning of a dangerous or hazardous
condition, use, structure, or activity on the premises to persons
entering for those purposes.
Notwithstanding the provisions of section four of this
article, an owner of land who either directly or indirectly
invites or permits, either with or without charge, any person to
use the property for military training purposes does not thereby
(a) extend any assurance that the premises are safe for any
purpose, or (b) confer upon those persons the legal status of an
invitee or licensee to whom a duty of care is owed, or (c) assume
responsibility for or incur liability for any injury to person or
property caused by an act or omission of those persons.
NOTE: The purpose of this bill is to recognize the rights
of landowners to charge a minimal amount for the use of their
land by others, with a limited liability for injuries or damages
incurred by the persons using the land. This limited liability
extends to landowners who permit their property to be used for
military training purposes.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§19-25-5 has been completely rewritten and §19-25-6 is new;
therefore, strike-throughs and underscoring have been omitted.