An easement holder who opens land in his possession to the public for recreational uses is entitled to the same immunity protections under the Recreational Use of Land and Water Act as a landowner is, the state Supreme Court has ruled.

The Recreational Use of Land and Water Act, or RULWA, bars civil liability against owners of unimproved land who open the tract for public recreational use without charging an admission fee. The statute does not explicitly state that an easement holder is considered an owner of land, instead defining “owner” as “the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]