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- 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 o r 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) pr ovides 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 an y 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 publ ic 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.
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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 enter s 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 an y 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 adop ted by a public entity pursuant to paragraph (f) of
subsection 1 of NRS 278.160;
(b) Are d esignated 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.
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3. Except as otherwise provided in this s ubsection, 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 designat ed 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 o r entity
during the term of the lease.
4. Except as otherwise provided in subsection 7, an owner,
lessee or occupant of a ny rural or semi-rural non-residential land
is not liable for an y 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 otherwis e 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
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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 o r 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 recreation al 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 lan downer 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 permis sion 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;
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(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.
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