[First Reprint]

SENATE, No. 1958

STATE OF NEW JERSEY

209th LEGISLATURE

INTRODUCED DECEMBER 14, 2000

Sponsored by:

Senator WILLIAM E. SCHLUTER

District 23 (Warren, Hunterdon and Mercer)

SYNOPSIS

    Limits liability of landowners who allow public access on lands subject to conservation or trail easements held by government entities or certain nonprofit organizations.

CURRENT VERSION OF TEXT

    As reported by the Senate Environment Committee on February 8, 2001, with amendments.

An Act concerning the limitation of liability of owners, lessees and occupants of certain premises subject to conservation restrictions ¹or certain other interests¹, and supplementing Title 2A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. An owner, lessee or occupant of premises ¹[for] on¹ which a conservation restriction ¹[has been acquired] is held¹ by the State, a local unit, or a charitable conservancy and upon which premises subject to the conservation restriction public access is allowed, ¹or of premises upon which public access is allowed pursuant to a public pathway or trail easement held by the State, a local unit, or a charitable conservancy,¹ and regardless of whether public notice is provided, shall be liable ¹to a person injured on the premises¹ only for:

    (1) willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity; or

    (2) injury caused by acts of negligence on the part of the owner, lessee or occupant of the premises to any person where permission to engage in sport or recreational activity on the premises was granted for a consideration other than the consideration, if any, paid to the landowner by the State, local unit, or charitable conservancy; or

    (3) injury caused by acts of gross negligence on the part of the owner, lessee, or occupant of the premises to any person entering or using the land for a use or purpose unrelated to public access purposes.

    b. For the purposes of this section:

    ¹["Acquire" means by purchase, installment purchase agreement, gift, donation, eminent domain, or devise;]¹

    "Charitable conservancy" means the same as that term is defined pursuant to section 2 of P.L.1979, c.378 (C.13:8B-2), or a "qualifying tax exempt nonprofit organization" as defined pursuant to section 3 of P.L.1999, c.152 (C.13:8C-3);

    "Conservation restriction" means the same as that term is defined pursuant to section 2 of P.L.1979, c.378 (C.13:8B-2);

    "Local unit" means the same as that term is defined pursuant to section 2 of P.L.1979, c.378 (C.13:8B-2), or a "local government unit" as defined pursuant to section 3 of P.L.1999, c.152 (C.13:8C-3);

    "Premises" means any land in the State (1) regardless of location or characterization or classification of location including but not limited to land characterized or classified as being located in an urban, suburban, rural, semi-rural, populous, developed, undeveloped, unpopulous, residential, nonresidential, commercial, or industrial area, and (2) regardless of whether or not the land is improved or maintained in a natural condition, or used as part of a commercial enterprise; and

    "Sport or recreational activity" means a "sport and recreational activity" as defined pursuant to section 1 of P.L.1968, c.73 (C.2A:42A-2).

    2. This act shall take effect immediately.