Senate Bill No. 576
(By Senators Wooton, Felton, Plymale, Minard,
Anderson, Dittmar and Yoder)
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[Originating in the Committee on the Judiciary;
reported March 29, 1993.]
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A BILL to amend and reenact sections one, two, three, four and
five, article twenty-five, chapter nineteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, relating to limiting 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, two, three, four 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 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 theacts or omissions of persons entering thereon.
§19-25-2. Limiting duty of landowner generally.
Subject to 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 or recreational
or wildlife propagation purposes, or to give any warning of a
dangerous or hazardous condition, use, structure or activity on
such premises to persons entering for such purposes.
Subject to the provisions of section four of this article,
an owner of land who either directly or indirectly invites or
permits without charge any person to use such property for
military training or recreational or wildlife propagation
purposes does not thereby: (a) Extend any assurance that the
premises are safe for any purpose; or (b) confer upon such
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 such persons.
§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 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 anycounty or municipality or agency thereof, for military training
or recreational or wildlife propagation purposes shall not by
giving such lease: (a) Extend any assurance to any person using
the land that the premises are safe for any purpose; or (b)
confer upon such 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 upon
the leased land. The provisions of this section apply whether
the person entering upon the leased land is an invitee, licensee,
trespasser or otherwise.
§19-25-4. Application of article.
Nothing herein limits in any way any liability which
otherwise exists: (a) For willful or malicious failure to guard
or warn against a dangerous or hazardous condition, use,
structure, or activity; or (b) for injury suffered in any case
where the owner of land charges the person or persons who enter
or go on the land other than the amount, if any, paid to the
owner of the land by the state or any agency thereof, or any
county or municipality or agency thereof.
Nothing herein creates a duty of care or ground of liability
for injury to person or property.
Nothing herein limits in any way the obligation of a person
entering upon or using the land of another for military training
or recreational or wildlife propagation purposes to exercise due
care in his or her use of such land and in his activities
thereon.
§19-25-5. Definitions.
For purposes of this article: (a) The term "land" includes,
but is not limited to, roads, water, watercourses, private ways
and buildings, structures and machinery or equipment thereon when
attached to the realty; (b) the term "owner" includes, but is not
limited to, tenant, lessee, occupant or person in control of the
premises; (c) the term "recreational purposes" includes, but is
not limited to, any one or any combination of the following:
Hunting, fishing, swimming, boating, camping, picnicking, hiking,
pleasure driving, 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; (d) the term "wildlife propagation purposes" applies to and
includes all ponds, sediment control structures, permanent water
impoundments 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 six, chapter twenty of this
code, or from the use of surface in the conduct of underground
coal mining as governed by articles one and two, chapter
twenty-two of this code, and regulations promulgated thereunder,
which ponds, structures or impoundments are hereafter designated
and certified in writing by the director of the division 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 such
premises has the potential of being actually used by such
wildlife for such purposes and that such premises are no longer
used or necessary for mining reclamation purposes. Such
certification shall be in form satisfactory to the director andshall provide that such designated ponds, structures or
impoundments shall not be removed without the joint consent of
the director and the owner; (e) the term "charge" means the
amount of money asked in return for an invitation to enter or go
upon the land; and (f) the term "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 West Virginia 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 such
capacity.
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(NOTE: The purpose of this bill is to limit the liability
of landowners who allow their land to be used for military
training purposes.)