‹footer›
Click to edit Master text styles
Second level
Third level
Fourth level
Fifth level
Click to edit Master title style=
Click to edit Master subtitle st=
yle
‹date/time›
‹footer›
‹#›
------=_NextPart_01CCA54B.2D9BFEB0
Content-Location: file:///C:/0AC7B2F9/agrecreationalliability_files/master88.xml
Content-Transfer-Encoding: quoted-printable
Content-Type: text/xml; charset="utf-8"
![](3D"master88_image001.gif")
Recreational
Land Use Liability
Land Use Liability
![](3D"master87_image002.gif")
Oklahoma’s
Statutory Protections
nOklahoma
Limitation of Liability for Farming and Ranching Land Act
=
n(2 O.S. §§ 16-71.1 et seq)
nGeneral
Recreational Use Statutes
n(76 O.S. §§ 10.1 et seq)
Oklahoma
Limitation of Liability for Farming
and Ranching Land Act
nThe
purpose of the Oklahoma Limitation of Liability for Farming and
Ranching Land Act (2 O.S. §§ 16-71.1 et seq) is=
to
encourage owners of farming and ranching lands to make such
land available for recreational purposes by limiting their
liability to persons entering or using the farm and ranch land and to t=
hird
persons who may be damaged by the acts or omissions of persons
entering upon or using these lands.
(2 O.S. §§ 16-71=
.1 et
seq)
Land
nLand that is use=
d for
farming, ranching activities and recreational purposes.
<=
span
style=3D'visibility:hidden'>n
nAlso =
includes
roads, water, watercourses, private ways, buildings, structures,
and machinery or equipment when attached to realty that is used <=
/span>primarily
for farming or ranching activities.(2 O.S. § 16-71.1)
Owner
nOwner means the possessor of a fee interest, a ten=
ant,
lessee, occupant or perso=
n in
control of the premises.
<=
span
style=3D'font-size:75%;display:none'>
nOwner does not include a tenant, lessee, occupant =
or
person in control of the pr=
emises
who is engaging in any recreational purpose.
n
nThe Oklahoma Limitation of Liability for Farming a=
nd
Ranching Land Act only app=
lies
to an owner of land who does not charge more than ten dollars ($10.00) per acre per year f=
or
that land used for recreati=
onal
purposes.
(2 O.S. § 16-71.1)
Recreational Purpose
=
nRecreational
purpose includes hunting, fishing, wildlife and ecological
viewing or photography, recreational farming and ranching
activities, swimming, boating, camping, picnicking, hiking, =
pleasure
driving, jogging, cycling, other similar events and activities, nat=
ure
study, water skiing, winter sports, jet skiing and viewing=
or
enjoying historical, archaeological, scenic, or scientific=
=
sites.
(2 O.S. § 16-71.1)
Duty Owed
nGenerally, an ow=
ner
who provides the public with land for recreational purposes th=
at
is used primarily for farming or ranching activities owes no
duty of care to keep the land safe for entry or use by others for
recreational purposes, or to give any warning of a dangerous or
hazardous condition, use, structure, or activity on the la=
nd =
to
persons entering or using the land for such purposes.
(2 O.S. § 16-71.2)
Owner Protection
nAn owner of land that is used primarily for farmin=
g or ranching activities, who either directly or indire=
ctly invites or permits any person to enter or use the =
land for recreational purposes for a fee of less than t=
en dollars ($10.00) per year per acre, does not:
=
n
nExtend any assurance that the premises are safe fo=
r any purpose;
nIncur any duty of care toward a person who enters =
or
uses the land; or
=
nAssume responsibility or incur liability for any i=
njury
to person or property
caused by an act or omission of such persons.
(2 O.S. §§ 16-71=
.1 et
seq)
Insurance
nThe Oklahoma
Limitation of Liability for Farming and Ranching Land Act does NOT
affect the liability of an insurer or insurance plan <=
span
style=3D'position:absolute;top:50.0%;left:9.73%;width:92.69%;height:7.0%'>=
in an
action under the Insurance Code, or an action for bad faith condu=
ct,
breach of fiduciary duty, or negligent failure to settle a
claim.
(2 O.S. §§ 16-71=
.1 et
seq)
Existing Liabilities
nFrom the Oklahoma
Limitation of Liability for Farming and Ranching Land Act –
Nothing in the Act limits in any way any liability that =
otherwise
exists for want of ordinary care or for deliberate, willful, or
malicious injury or failure to guard or warn against a dangerous =
or =
hazardous
condition, use, structure, or activity.
(2 O.S. § 16-71.5)
Written Release
nNo person who has executed a written release of liability or a waiver to sue may maintain an actio=
n =
against or recover damages from a land owner in contravention of the release or waiver for any per=
sonal injury or injury to property. The terms of the executed =
release or waiver shall be binding upon the person=
signing the document. The provisions of this subsection shall apply regardless of the amount ch=
arged per acre for a recreational activity.
<=
/span>
<=
span
style=3D'font-size:88%;display:none'>
nDoes not limit liability for willful or wanton act=
s of =
negligence or gross negligence.
(2 O.S. § 16-71.6)
Trespassers
nAn owner, lessee, or other occupant of agricultura=
l =
land:
n
nDoes not owe a duty of care to a trespasser on the=
land;
and
nIs not liable for any injury to a trespasser, exce=
pt for
willful or wanton acts of
negligence or gross negligence by the owner, lessee, or other occupant of the land.
=
n
nAgricultural land is defined as=
any
real property that is used
nin production of plants, fruits,
wood, or farm ranch animals to
nbe sold off the premises.
<=
/span>
n
(2 O.S. § 16-71.7)
Use for a Fee
nLandowner
owes no duty of care to keep the land safe for entry or use =
by
others for recreational purposes, or to give warning of a <=
/span>dangerous
or hazardous condition. Howe=
ver,
if more than ten dollars ($10.00) per acre per year =
is
charged for recreational use of the land, the Oklahoma Limitatio=
n of
Liability for Farming and Ranching Land Act does not apply.=
(2 O.S. §§ 16-71=
.1 et
seq)
What
if the land I own is not Farming
and Ranching Land?
nThen apply the G=
eneral
Recreational Use Statutes (76 O.S. §§ 10.1 et seq)
General
Recreational Use Statutes
nThe purpose of the General Recreational Use Statut=
es =
is to encourage landowners to make land available =
to the public for outdoor recreational purposes by li=
miting
their liability to persons ente=
ring
upon and using such land an=
d to
third persons who may be damaged by the acts or omissions of persons going upon these land=
s.
n
nThe Act uses the same definitions for Land, Owner,=
and Recreational Purpose as defined in the Oklahom=
a Limitation of Liability for Farming and Ranching L=
and Act.
n
(76 O.S. § 10.1)
Duty Owed
nAn owner who provides the public with land for =
outdoor recreational purposes owes no duty of care=
to =
keep the land safe for entry or use by others, or =
to
give warning to persons
entering or using the land of any hazardous
conditions, structures, or activities.
<=
span
style=3D'font-size:88%;display:none'>
nExcept as provided in this section, no person is
relieved of liability which=
would
exist for want of ordinary care or
for deliberate, willful, or malicious injury to persons or property. The provisions shall not create or in=
crease
the liability of any person.
(76 O.S. §§ 10.1=
et
seq)
Special
Note to Farming and Ranching=
Landowners
<=
span
style=3D'visibility:hidden'>n
<=
span
style=3D'visibility:hidden'>n
(76 O.S. § 10.1(H))
Additional Protection
nConsult your attorney
&=
#13;
nInsurance
&=
#13;
nSeparate entity structure
&=
#13;
nSeparation of opera=
ting
and non-operating assets through trusts
&=
#13;
<=
span
style=3D'mso-special-format:lastCR;display:none'>
' + ENDSHOW_MESG + '
![](3D"notes_flag.gif")
No=
tes![](3D"buttons.gif")
