SB303 - Revises provisions relating to civil liability to persons using certain premises for recreational activity under certain circumstances. (BDR 3-1021)

- 83rd Session (2025) Senate Bill No. 303–Committee on Judiciary CHAPTER.......... AN ACT relating to civil liability; revising provisions relating to civil liability to persons using certain premises for recreational activity under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that, with certain exceptions, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty to: (1) keep the premises safe for entry or use by others for participating in any recreational activity; or (2) give warning of any hazardous condition, activity or use of any structure on the premises to persons entering to participate in recreational activity. Existing law also provides that if an owner, lessee or occupant of premises gives permission to another person to participate in recreational activities upon those premises: (1) the owner, lessee or occupant does not assure that the premises are safe for that purpose or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted; and (2) the person using the premises does not acquire any property rights in or rights of easement to the premises. (NRS 41.510) This bill: (1) provides that the law regarding this limitation on liability may be known and cited as the Recreational Use of Land Statute; and (2) provides a declaration of legislative intent regarding the purpose of the Recreational Use of Land Statute. This bill also limits the liability of the State of Nevada, and any political subdivision thereof, for any injury to a person engaging in recreational activity if the premises: (1) are included in any recreational plan or other similar land use plan; (2) are designated to be used for recreational activity by the governing body of a public entity or a designee of the governing body of a public entity; or (3) consist of any portion of a public road, highway, street, alley or sidewalk forming part of a trail, equestrian path, shared-use path or other similar trail or path. Additionally, this bill limits the liability of a nonprofit entity that owns certain land for any injury to a person engaging in recreational activity on the premises if such premises remain open to the public for free and consist of: (1) a trail or interconnected trail system of 100 miles or more which is entirely owned by the nonprofit entity and which is designated for recreational purposes; (2) a park which is 10 acres or more in area and which is designated for recreational purposes; or (3) a wash that is preserved pursuant to a federal permit. Furthermore, this bill limits the liability of an owner, lessee or occupant of rural or semi-rural non- residential land for any injury to a person who enters or uses the premises to engage in recreational activity. Finally, this bill provides that if any court order grants or denies immunity from liability to the State of Nevada, or any political subdivision thereof, an interlocutory appeal lies to the Supreme Court. – 2 – - 83rd Session (2025) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 41.510 is hereby amended to read as follows: 41.510 1. This section may be known and cited as the Recreational Use of Land Statute. The Legislature hereby finds and declares that the purpose of this section is to encourage: (a) The State of Nevada, and any political subdivision thereof, to develop and maintain land throughout the State to be used by the public, for free, primarily for recreational activity; (b) Nonprofit entities that own large parcels of recreational land to develop and maintain trail systems and parks and to preserve washes to be used by the public, for free, for recreational activity; and (c) Private owners of rural or semi-rural nonresidential land to make land and water areas available to be used by the public, for free, for recreational activity,  by limiting liability to a member of the public who enters onto such land to engage in such recreational activity. 2. Except as otherwise provided in this subsection [3,] , the State of Nevada, and any political subdivision thereof, are not liable for any injury to a person engaging in recreational activity on any premises which the State or public subdivision owns, leases or occupies that is intended to be used for recreational activity. For purposes of this subsection, premises are intended to be used for recreational activity if the premises: (a) Are included in any recreational plan or other similar land use plan adopted by a public entity pursuant to paragraph (f) of subsection 1 of NRS 278.160; (b) Are designated to be used for recreational activity by the governing body of a public entity, or a designee of the governing body of the public entity, including, without limitation, through the issuance of a permit for the temporary or incidental use of the premises for the purpose of recreational activity; or (c) Consist of portions of a public road, highway, street, alley or sidewalk forming part of a trail, equestrian path, shared-use path or other similar trail or path.  The immunity from liability provided pursuant to this subsection applies only to the State of Nevada and any political subdivision thereof, and not to any other person or entity that leases, occupies or uses the premises. – 3 – - 83rd Session (2025) 3. Except as otherwise provided in this subsection, a nonprofit entity that owns land is not liable for any injury to a person engaging in recreational activity on any portion of the premises described in paragraph (a), (b) or (c) if such premises remain open to the public for free, as set forth in the deed to the land, and consist of: (a) A trail or interconnected trail system that is 100 miles or more in length which is entirely owned by the nonprofit entity and which is designated for recreational purposes in a recreational plan or other similar plan pursuant to paragraph (f) of subsection 1 of NRS 278.160; (b) A park which is 10 acres or more in area and which is designated for recreational purposes in a recreational plan or other similar plan pursuant to paragraph (f) of subsection 1 of NRS 278.160, except for any portion of the premises upon which play equipment, playground structures or outdoor play systems are installed; or (c) A wash that is preserved pursuant to a federal permit.  The immunity from liability provided pursuant to this subsection does not apply to any portion of the premises for which a fee is charged for admission or use of the premises or to any portion of the premises that is leased to any other person or entity during the term of the lease. 4. Except as otherwise provided in subsection 7, an owner, lessee or occupant of any rural or semi-rural non-residential land is not liable for any injury to a person who enters or uses the premises to engage in recreational activity. This subsection shall not be construed to limit the liability of any other private owner of land. 5. Except as otherwise provided in subsection 7, with respect to the premises described in subsection 2, 3 or 4, as applicable, the State of Nevada, or any political subdivision thereof, a nonprofit entity or an owner, lessee or occupant, as applicable: (a) Owes no duty to keep [the] such premises safe for entry or use by others for participating in any recreational activity, or to give warning of any hazardous condition, activity or use of any structure on [the] such premises to persons entering for those purposes. [2. Except as otherwise provided in subsection 3, if an owner, lessee or occupant of premises gives permission to another person to participate in recreational activities upon those premises: (a) The owner, lessee or occupant does] (b) Does not thereby extend any assurance that [the] such premises are safe for that purpose or assume responsibility for or – 4 – - 83rd Session (2025) incur liability for any injury to person or property caused by any act of persons [to whom the permission is granted. (b) That] who enter or use such premises to engage in recreational activity. (c) Does not create a duty of care or ground of liability for any injury to person or property. 6. A person who enters or uses the premises described in subsection 2, 3 or 4 to engage in recreational activity does not thereby acquire any property rights in or rights of easement to [the] such premises. [3.] 7. This section does not [: (a) Limit] limit the liability which would otherwise exist for: [(1)] (a) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity. [(2)] (b) Injury suffered in any case where permission to participate in recreational activities was granted for a consideration other than the consideration, if any, paid to the landowner by the State or any subdivision thereof. For the purposes of this [subparagraph,] paragraph, the price paid for a game tag sold pursuant to NRS 502.145 by an owner, lessee or manager of the premises shall not be deemed consideration given for permission to hunt on the premises. (c) Injury caused by acts of persons to whom permission to participate in recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger. [4.] 8. If any court order grants or denies immunity from liability to the State of Nevada, or any political subdivision thereof, pursuant to this section, an interlocutory appeal lies to the Supreme Court. 9. As used in this section, “recreational activity” includes, but is not limited to: (a) Hunting, fishing or trapping; (b) Camping, hiking or picnicking; (c) Sightseeing or viewing or enjoying archaeological, scenic, natural or scientific sites; (d) Hang gliding or paragliding; (e) Spelunking; (f) Collecting rocks; (g) Participation in winter sports, including cross-country skiing, snowshoeing or riding a snowmobile, or water sports; – 5 – - 83rd Session (2025) (h) Riding animals, riding in vehicles or riding a road, mountain or electric bicycle; (i) Studying nature; (j) Gleaning; (k) Recreational gardening; and (l) Crossing over to public land or land dedicated for public use.  “Recreational activity” does not include utilitarian activities that a person performs or engages in for a purpose other than recreation, such as the purpose of transportation, including walking, cycling or using other physical or mechanical means of transportation, the purpose of daily living or the purpose of employment or carrying out work-related activities, such as the delivery of food or other items. 20 ~~~~~ 25