Senate Bill No. 107
(By Senators Brackenrich, Chernenko, Dittmar, Whitlow,
Anderson, Plymale, Felton and Manchin)
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[Introduced February 23, 1993; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section five, article twenty-five, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting landowner liability for those landowners who charge twenty- five dollars or less annual fee per an individual per annum; permitting landowners to charge twenty-five dollars or less 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; including motorcycle and all-terrain vehicle riding within the definition of "recreational purposes"; and reformatting the definition section.

Be it enacted by the Legislature of West Virginia:
That section 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.

§19-25-5. 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 or permission to enter or go upon the land including a one time fee for a particular event, amusement, occurrence, adventure, incident, experience or occasion. "Charge" does not include twenty-five dollars or less per annum per an individual for the annual use of land;
(b) "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;
(c) "Owner" includes, but is not limited to, tenant, lessee, occupant or person in control of the land;
(d) "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, 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; and
(e) "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 miningactivities pursuant to article three, chapter twenty-two-a of this code, or from the use of surface in the conduct of underground coal mining pursuant to 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 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, when the director finds and determines that the premises have the potential of being actually used as wildlife habitat 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 may not be removed without the joint consent of the director and the owner.

NOTE: The purpose of this bill is to limit landowner liability for landowners who charge $25.00 or less per an individual for the annual use of land to instances of willful or malicious failure to guard or warn against a dangerous or hazardous condition, use, structure or activity. The bill also includes motorcycle and all-terrain vehicle riding as recreational purposes.

This section has been completely rewritten; therefore, strike-throughs and underscoring have been omitted.

This bill is recommended by the Forest Management Review Commission for passage at this session.