H.
B.
4460
(By Delegates Mezzatesta, Michael, Heck,
Talbott, Frederick, Ryan and Nichols)
[Introduced February 14, 1994; referred to the
Committee on the Judiciary.]
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 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; and deleting military training references from a reformatted definitions 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
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25
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5.
Definitions.
Unless the context used clearly requires a different meaning, as used in this article:
(1) (a) "Charge" means (A) For purposes of limiting liability for recreational or wildlife propagation purposes set forth in section two of this article, 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 fifty dollars a year for "Charge" does not include twenty-five dollars or less per annum per an individual for the annual use of land;
(B) For purposes of limiting liability for military training set forth in section six of this article, the amount of money asked in return for an invitation to enter or go upon the land;
(2) (b) "Land" includes, but shall is not be limited to, roads, water, watercourses, private ways and buildings, structures and machinery or equipment thereon when attached to the realty;
(3) (c) "Owner" includes, but shall is not be limited to, tenant, lessee, occupant or person in control of the premises land;
(4) (d) "Recreational purposes" includes, but shall is not be limited to, any one or any combination of the following: noncommercial recreational purposes: 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
(5) (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 mining activities, as governed by pursuant to 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 pursuant to articles one, two and three of said chapter twenty-two-a of the 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, and the director finds and determines that the premises has have the potential of being actually used by the as wildlife habitat 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 may not be removed without the joint consent of the director and the owner. and
(6) "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.
NOTE: The purpose of this bill, which has been recommended for passage by the Forest Management Review Commission, is to limit landowner liability for landowners who charge $25 or less per 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 deletes a military training definitions.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.