HF 649 – Public use of private lands, recreational use
FLOOR & COMMITTEE ACTION:
HF 649 amends Chapter 461C – Public Use of Private Lands and Waters — which is also known as the Recreational Use Chapter. The bill addresses the holding in Sallee v Stewart, a case recently decided by the Iowa Supreme Court, which raised concerns that private landowners would not open their lands to members of the public as a result of the decision. The purpose of Chapter 461C is to encourage landholders to open up their land for recreational uses, including hunting, to members of the public by limiting an owner’s liability if a member of the public is injured while during recreational pursuits on the land. This bill is the result of extensive negotiations among interested parties. In addition:
• The bill amends the stated purpose of Chapter 461C with inclusion of language directing that the chapter is to be construed liberally and broadly in favor of private holders of land in order to accomplish the purpose of the Chapter.
• The bill expands the current definition of “land” that is covered by the Recreational Use Chapter. The current definition of “land” is “private land…that includes abandoned or inactive surface mines, caves, land used for agricultural purposes, including marshlands, timber, grasslands, privately owned roads, water, water courses, buildings, structures, and machinery or equipment appurtenant thereto.” The definition is expanded to include paths, trails, waters, and exteriors and interiors of buildings. “Land” is also land that is not open to the public by the owner and land in a municipality that is used in conjunction with urban deer control.
• The definition of “recreational purpose” is expanded to include educational activities, and it clarifies that persons who accompany others who are participating in a recreational activity are considered to be engaging in the recreational use. “Recreational purpose” also includes entry onto, use of, passage over and presence on any part of the land in connection with or during the activity.
• “Urban Deer Control” is also defined to include entry onto, the use of, passage over and presence on any part of the land for the purpose of engaging in urban deer control.
• The bill amends the Chapter to specify that a landholder does not owe a duty of care to others solely because the holder is guiding, directing, supervising or participating in any recreational purpose or urban deer control with others on the holder’s land.
• Numerous technical changes clean up language in the bill, such as changing “landowner” to “land holder” throughout the Chapter. [Floor 5/16: 48-0 (Behn, Chelgren, Houser excused); Committee 5/16: Short Form]