HOUSE BILL 12

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Jim R. Trujillo and Carlos R. Cisneros

AN ACT

RELATING TO GAME AND FISH; SETTING FORTH AN OWNER'S DUTY OF CARE FOR ALLOWING THE USE OF PROPERTY FOR RECREATIONAL PURPOSES; LIMITING LIABILITY FOR ALLOWING THE USE OF PROPERTY FOR RECREATIONAL PURPOSES; DEFINING "OWNER", "PROPERTY" AND "RECREATIONAL PURPOSES".

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 17-4-7 NMSA 1978 (being Laws 1967, Chapter 6, Section 1) is amended to read:

     "17-4-7. LIABILITY OF LANDOWNER PERMITTING PERSONS TO [HUNT, FISH OR] USE LANDS FOR [RECREATION] RECREATIONAL PURPOSES--DUTY OF CARE--EXCEPTIONS.--

          [A. Any owner, lessee or person in control of lands who, without charge or other consideration, other than a consideration paid to said landowner by the state, the federal government or any other governmental agency, grants permission to any person or group to use his lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing or any other recreational use does not thereby:

                (1) extend any assurance that the premises are safe for such purpose; or

                (2) assume any duty of care to keep such lands safe for entry or use; or

                (3) assume responsibility or liability for any injury or damage to or caused by such person or group;

                (4) assume any greater responsibility, duty of care or liability to such person or group than if such permission had not been granted and such person or group were trespassers.

          B.] A. Except as provided in Subsection C of this section, an owner of property owes no duty of care to keep the property safe for entry or use by a person or group for recreational purposes or to give any warning of a dangerous condition, use, structure or activity on the property to a person or group entering for recreational purposes.

          B. Except as provided in Subsection C of this section, an owner of property who gives permission to a person or group for entry or use of the property for recreational purposes does not:

               (1) extend any assurance that the property is safe for any recreational purpose;

               (2) assume responsibility or liability for any injury or damage to, or caused by, the person or group; or

               (3) assume any greater responsibility, duty of care or liability to the person or group than if the permission had not been granted and the person or group were trespassers.

          C. This section shall not limit the liability of any [landowner, lessee or person in control of lands which] owner of property that may otherwise exist by law for injuries to any person granted permission to [hunt, fish, trap, camp, hike, sightsee or] use the property for [recreation] recreational purposes in exchange for a consideration, other than a consideration paid to [said landowner] the owner of property by the state, the federal government or any other governmental agency.

          D. As used in this section:

               (1) "owner" means the possessor of a fee interest or a tenant, lessee, occupant or any other person in control of property;

               (2) "property" includes land, roads, water, watercourses, paths, trails and private ways and any building, structure, machinery or equipment that is attached to the property; and

               (3) "recreational purposes" means hunting, fishing, trapping, camping, picnicking, hiking, horseback riding, snowshoeing, cross-country skiing, snowmobiling, ice skating, hang gliding, recreational operation of aircraft, swimming, water-skiing, tubing, rafting, canoeing, boating, diving, spelunking, sightseeing, exploring, rock climbing, roller skating, bicycling, other summer and winter sports, bird watching, gold panning, target shooting, ice fishing, photography, viewing or enjoying historical archaeological, scenic or scientific sites or engaging in any other recreational activity."

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