§ 139‑41.3. Liabilityof owners of land associated with watershed improvement projects.
(a) Purpose. Thepurpose of this section is to encourage owners of land to make land and waterareas available to the public at no cost for educational and recreationalpurposes by limiting the liability of the owner to persons entering the landfor those purposes. The further purpose of this section is to establish astatutory rule of landowner liability law to govern the liability of alandowner whose land is associated with a watershed improvement project asdefined by this Chapter to persons entering the land for educational andrecreational purposes without charge. This statutory rule modifies the commonlaw of North Carolina concerning landowner liability.
(b) Definitions. Thefollowing definitions apply in this section, unless otherwise specified:
(1) Charge. A price orfee asked for services, entertainment, recreation performed, or productsoffered for sale on land or in return for an invitation or permission to enterupon land, except as otherwise excluded in this section.
(2) Educational purpose. Any activity undertaken as part of a formal or informal educational program,and viewing historical, natural, archaeological, or scientific sites.
(3) Land. Realproperty, land, and water. The term does not include a dwelling or the propertyimmediately adjacent to and surrounding the dwelling that is generally used foractivities associated with occupancy of the dwelling as a living space.
(4) Land associated withwatershed improvement projects. The entire parcel or set of parcels on whichany part of a watershed improvement project is located, including any feeeasement, leasehold interest or legal possession.
(5) Legal entity. Theterm includes (in addition to a private entity) a county, city, specialdistrict, public authority, or other unit or agency of government.
(6) Owner. Anyindividual or legal entity that has any fee, easement, leasehold interest, orlegal possession, and any employee or agent of the individual or legal entity.
(7) Recreationalpurpose. Any activity undertaken for recreation, exercise, education,relaxation, refreshment, diversion, or pleasure.
(c) Exclusion. Forpurposes of this Chapter, the term "charge" does not include any ofthe following:
(1) Any contribution in‑kind,services, or cash contributed by a person, legal entity, nonprofitorganization, or governmental entity other than the owner, whether or notsanctioned or solicited by the owner, the purpose of which is to: (i) remedydamage to land caused by educational or recreational use; or (ii) providewarning of hazards on, or remove hazards from, land used for educational orrecreational purposes.
(2) Unless otherwiseagreed in writing or otherwise provided by the State or federal tax codes, anyproperty tax abatement or relief received by the owner from the State or localtaxing authority in exchange for the owner's agreement to open the land foreducational or recreational purposes.
(3) Any volunteerservice involving trash pickup, stream cleanup, or stream bank restoration.
(d) Limitation ofLiability. Except as specifically recognized by or provided for in thissection, an owner of land associated with a watershed improvement project, asdefined by this Chapter, who either directly or indirectly invites or permitswithout charge any person to use the land for educational or recreationalpurposes owes the person the same duty of care that he or she owes atrespasser, except that nothing in this Chapter shall be construed to limit ornullify the doctrine of attractive nuisance and the owner shall inform directinvitees of artificial or unusual hazards of which the owner has actualknowledge.
This section does not apply toan owner who invites or permits any person to use land for a purpose for whichthe land is regularly used and for which a price or fee is usually charged evenif it is not charged in that instance, or to an owner whose purpose inextending an invitation or granting permission is to promote a commercial enterprise.(2001‑272,s. 1.)
§ 139‑41.3. Liabilityof owners of land associated with watershed improvement projects.
(a) Purpose. Thepurpose of this section is to encourage owners of land to make land and waterareas available to the public at no cost for educational and recreationalpurposes by limiting the liability of the owner to persons entering the landfor those purposes. The further purpose of this section is to establish astatutory rule of landowner liability law to govern the liability of alandowner whose land is associated with a watershed improvement project asdefined by this Chapter to persons entering the land for educational andrecreational purposes without charge. This statutory rule modifies the commonlaw of North Carolina concerning landowner liability.
(b) Definitions. Thefollowing definitions apply in this section, unless otherwise specified:
(1) Charge. A price orfee asked for services, entertainment, recreation performed, or productsoffered for sale on land or in return for an invitation or permission to enterupon land, except as otherwise excluded in this section.
(2) Educational purpose. Any activity undertaken as part of a formal or informal educational program,and viewing historical, natural, archaeological, or scientific sites.
(3) Land. Realproperty, land, and water. The term does not include a dwelling or the propertyimmediately adjacent to and surrounding the dwelling that is generally used foractivities associated with occupancy of the dwelling as a living space.
(4) Land associated withwatershed improvement projects. The entire parcel or set of parcels on whichany part of a watershed improvement project is located, including any feeeasement, leasehold interest or legal possession.
(5) Legal entity. Theterm includes (in addition to a private entity) a county, city, specialdistrict, public authority, or other unit or agency of government.
(6) Owner. Anyindividual or legal entity that has any fee, easement, leasehold interest, orlegal possession, and any employee or agent of the individual or legal entity.
(7) Recreationalpurpose. Any activity undertaken for recreation, exercise, education,relaxation, refreshment, diversion, or pleasure.
(c) Exclusion. Forpurposes of this Chapter, the term "charge" does not include any ofthe following:
(1) Any contribution in‑kind,services, or cash contributed by a person, legal entity, nonprofitorganization, or governmental entity other than the owner, whether or notsanctioned or solicited by the owner, the purpose of which is to: (i) remedydamage to land caused by educational or recreational use; or (ii) providewarning of hazards on, or remove hazards from, land used for educational orrecreational purposes.
(2) Unless otherwiseagreed in writing or otherwise provided by the State or federal tax codes, anyproperty tax abatement or relief received by the owner from the State or localtaxing authority in exchange for the owner's agreement to open the land foreducational or recreational purposes.
(3) Any volunteerservice involving trash pickup, stream cleanup, or stream bank restoration.
(d) Limitation ofLiability. Except as specifically recognized by or provided for in thissection, an owner of land associated with a watershed improvement project, asdefined by this Chapter, who either directly or indirectly invites or permitswithout charge any person to use the land for educational or recreationalpurposes owes the person the same duty of care that he or she owes atrespasser, except that nothing in this Chapter shall be construed to limit ornullify the doctrine of attractive nuisance and the owner shall inform directinvitees of artificial or unusual hazards of which the owner has actualknowledge.
This section does not apply toan owner who invites or permits any person to use land for a purpose for whichthe land is regularly used and for which a price or fee is usually charged evenif it is not charged in that instance, or to an owner whose purpose inextending an invitation or granting permission is to promote a commercial enterprise.(2001‑272,s. 1.)
§ 139‑41.3. Liabilityof owners of land associated with watershed improvement projects.
(a) Purpose. Thepurpose of this section is to encourage owners of land to make land and waterareas available to the public at no cost for educational and recreationalpurposes by limiting the liability of the owner to persons entering the landfor those purposes. The further purpose of this section is to establish astatutory rule of landowner liability law to govern the liability of alandowner whose land is associated with a watershed improvement project asdefined by this Chapter to persons entering the land for educational andrecreational purposes without charge. This statutory rule modifies the commonlaw of North Carolina concerning landowner liability.
(b) Definitions. Thefollowing definitions apply in this section, unless otherwise specified:
(1) Charge. A price orfee asked for services, entertainment, recreation performed, or productsoffered for sale on land or in return for an invitation or permission to enterupon land, except as otherwise excluded in this section.
(2) Educational purpose. Any activity undertaken as part of a formal or informal educational program,and viewing historical, natural, archaeological, or scientific sites.
(3) Land. Realproperty, land, and water. The term does not include a dwelling or the propertyimmediately adjacent to and surrounding the dwelling that is generally used foractivities associated with occupancy of the dwelling as a living space.
(4) Land associated withwatershed improvement projects. The entire parcel or set of parcels on whichany part of a watershed improvement project is located, including any feeeasement, leasehold interest or legal possession.
(5) Legal entity. Theterm includes (in addition to a private entity) a county, city, specialdistrict, public authority, or other unit or agency of government.
(6) Owner. Anyindividual or legal entity that has any fee, easement, leasehold interest, orlegal possession, and any employee or agent of the individual or legal entity.
(7) Recreationalpurpose. Any activity undertaken for recreation, exercise, education,relaxation, refreshment, diversion, or pleasure.
(c) Exclusion. Forpurposes of this Chapter, the term "charge" does not include any ofthe following:
(1) Any contribution in‑kind,services, or cash contributed by a person, legal entity, nonprofitorganization, or governmental entity other than the owner, whether or notsanctioned or solicited by the owner, the purpose of which is to: (i) remedydamage to land caused by educational or recreational use; or (ii) providewarning of hazards on, or remove hazards from, land used for educational orrecreational purposes.
(2) Unless otherwiseagreed in writing or otherwise provided by the State or federal tax codes, anyproperty tax abatement or relief received by the owner from the State or localtaxing authority in exchange for the owner's agreement to open the land foreducational or recreational purposes.
(3) Any volunteerservice involving trash pickup, stream cleanup, or stream bank restoration.
(d) Limitation ofLiability. Except as specifically recognized by or provided for in thissection, an owner of land associated with a watershed improvement project, asdefined by this Chapter, who either directly or indirectly invites or permitswithout charge any person to use the land for educational or recreationalpurposes owes the person the same duty of care that he or she owes atrespasser, except that nothing in this Chapter shall be construed to limit ornullify the doctrine of attractive nuisance and the owner shall inform directinvitees of artificial or unusual hazards of which the owner has actualknowledge.
This section does not apply toan owner who invites or permits any person to use land for a purpose for whichthe land is regularly used and for which a price or fee is usually charged evenif it is not charged in that instance, or to an owner whose purpose inextending an invitation or granting permission is to promote a commercial enterprise.(2001‑272,s. 1.)
