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Old 05-21-2013, 06:11 PM   #1
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Post Recreational Private Lands Liability Bill Off to the Governor for Ink





Off to the Governors Desk for Ink.
Spread the word.

Thanks Gude for the update on this issue.
Bill

House File 649
AN ACT
RELATING TO THE LIABILITY OF A LAND HOLDER FOR THE PUBLIC USE
OF PRIVATE LANDS AND WATERS FOR A RECREATIONAL PURPOSE OR
URBAN DEER CONTROL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 461C.1, Code 2013, is amended to read as
follows:
461C.1 Purpose.
The purpose of this chapter is to encourage private owners
holders of land to make land and water areas available to the
public for a recreational purposes purpose and for urban deer
control by limiting an owner’s a holder’s liability toward
persons entering onto the owner’s holder’s property for such
purposes. The provisions of this chapter shall be construed
liberally and broadly in favor of private holders of land to
accomplish the purposes of this chapter.
Sec. 2. Section 461C.2, subsections 3, 5, and 6, Code 2013,
are amended to read as follows:
3. “Land” means private land located in a municipality
including that is one or any combination of the following:
abandoned or inactive surface mines,; caves, and; land used
for agricultural purposes, including; marshlands,; timber,;
grasslands; and or the privately owned roads, water paths,
trails, waters, water courses, private ways and exteriors and
interiors of buildings, structures, and machinery, or equipment

House File 649, p. 2
appurtenant thereto. “Land” includes land that is not open to
the general public. “Land” also includes private land located
in a municipality in connection with and while being used for
urban deer control.
5. “Recreational purpose” means the following or any
combination thereof: Hunting, trapping, horseback riding,
fishing, swimming, boating, camping, picnicking, hiking,
pleasure driving, motorcycling, all-terrain vehicle riding,
nature study, water skiing, snowmobiling, other summer and
winter sports, educational activities, and viewing or enjoying
historical, archaeological, scenic, or scientific sites while
going to and from or actually engaged therein. “Recreational
purpose” includes the activity of accompanying another person
who is engaging in such activities. “Recreational purpose”
is not limited to active engagement in such activities, but
includes entry onto, use of, passage over, and presence on any
part of the land in connection with or during the course of
such activities.
6. “Urban deer control” means deer hunting with a bow
and arrow on private land in a municipality, without charge,
as authorized by a municipal ordinance, for the purpose
of reducing or stabilizing an urban deer population in the
municipality. “Urban deer control” is not limited to active
engagement in the activity of urban deer control but includes
entry onto, use of, passage over, and presence on any part
of the land in connection with or during the course of such
activity.
Sec. 3. Section 461C.3, Code 2013, is amended to read as
follows:
461C.3 Liability of owner holder limited.
1. Except as specifically recognized by or provided in
section 461C.6, an owner a holder of land owes no does not
owe a duty of care to keep the premises safe for entry or use
by others for a recreational purposes purpose or urban deer
control, or to give any warning of a dangerous condition, use,
structure, or activity on such premises to persons entering for
such purposes.
2. Except as specifically recognized by or provided in
section 461C.6, a holder of land does not owe a duty of care
to others solely because the holder is guiding, directing,
supervising, or participating in any recreational purpose or
urban deer control undertaken by others on the holder’s land.
Sec. 4. Section 461C.4, unnumbered paragraph 1, Code 2013,

House File 649, p. 3
is amended to read as follows:
Except as specifically recognized by or provided in section
461C.6, a holder of land who either directly or indirectly
invites or permits without charge any person to use such
property for a recreational purposes purpose or urban deer
control does not thereby:
Sec. 5. Section 461C.4, Code 2013, is amended by adding the
following new subsection:
NEW SUBSECTION. 2A. Assume a duty of care to such person
solely because the holder is guiding, directing, supervising,
or participating in any recreational purpose or urban deer
control undertaken by the person on the holder’s land.
Sec. 6. Section 461C.5, Code 2013, is amended to read as
follows:
461C.5 Duties and liabilities of owner holder of leased land.
Unless otherwise agreed in writing, the provisions of
sections 461C.3 and 461C.4 shall be deemed applicable to the
duties and liability of an owner a holder of land leased, or
any interest or right therein transferred to, or the subject of
any agreement with, the United States or any agency thereof,
or the state or any agency or subdivision thereof, for a
recreational purposes purpose or urban deer control.
Sec. 7. Section 461C.6, Code 2013, is amended to read as
follows:
461C.6 When liability lies against owner holder.
Nothing in this chapter limits in any way any liability which
otherwise exists:
1. For willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity.
2. For injury suffered in any case where the owner holder of
land charges the person or persons who enter or go on the land
for the recreational use thereof or for deer hunting, except
that in the case of land or any interest or right therein,
leased or transferred to, or the subject of any agreement
with, the United States or any agency thereof or the state or
any agency thereof or subdivision thereof, any consideration
received by the holder for such lease, interest, right, or
agreement shall not be deemed a charge within the meaning of
this section.
Sec. 8. Section 461C.7, subsection 2, Code 2013, is amended
to read as follows:
2. Relieve any person using the land of another for a
recreational purposes purpose or urban deer control from any

House File 649, p. 4
obligation which the person may have in the absence of this
chapter to exercise care in the use of such land and in the
person’s activities thereon, or from the legal consequences of
failure to employ such care.
______________________________
KRAIG PAULSEN
Speaker of the House
______________________________
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 649, Eighty-fifth General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2013
______________________________
TERRY E. BRANSTAD
Governor
__________________
F/H/D
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