321I.23 Limitation of liability by public bodies and adjoining owners.
1. The state, its political subdivisions, and the owners or tenants of property adjoining public lands or the right-of-way of a public highway and their agents and employees owe no duty of care to keep the public lands, ditches, or land contiguous to a highway or roadway under the control of the state or a political subdivision safe for entry or use by persons operating an all-terrain vehicle, or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for such purposes, except in the case of willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. The state, its political subdivisions, and the owners or tenants of property adjoining public lands or the right-of-way of a public highway and their agents and employees are not liable for actions taken to allow or facilitate the use of public lands, ditches, or land contiguous to a highway or roadway except in the case of a willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
2. This section does not create a duty of care or ground of liability on behalf of the state, its political subdivisions, or the owners or tenants of property adjoining public lands or the right-of-way of a public highway and their agents and employees for injury to persons or property in the operation of all-terrain vehicles in a ditch or on land contiguous to a highway or roadway under the control of the state or a political subdivision. The state, its political subdivisions, and the owners or tenants of property adjoining public lands or the right-of-way of a public highway and their agents and employees are not liable for the operation of an all-terrain vehicle in violation of this chapter.
2004 Acts, ch 1132, §66; 2018 Acts, ch 1041, §127
Structure Iowa Code
Chapter 321I - ALL-TERRAIN VEHICLES
Section 321I.3 - Registration required — penalties.
Section 321I.4 - Registration — fee.
Section 321I.5 - Nonresident user permits.
Section 321I.6 - Display of registration and user permit decals.
Section 321I.7 - Registration — renewal.
Section 321I.8 - Fees remitted to commission — appropriation.
Section 321I.9 - Exempt vehicles.
Section 321I.10 - Operation on roadways, highways, and trails.
Section 321I.11 - Accident reports.
Section 321I.12 - Mufflers required — inspections.
Section 321I.13 - Headlight — taillight — brakes.
Section 321I.14 - Unlawful operation.
Section 321I.15A - Civil penalty and restitution.
Section 321I.16 - Operation pending registration.
Section 321I.17 - Special events.
Section 321I.18 - Violation of stop signal.
Section 321I.20 - Rented all-terrain vehicles.
Section 321I.21 - Minors under twelve — supervision.
Section 321I.22 - Manufacturer, distributor, or dealer — special registration.
Section 321I.23 - Limitation of liability by public bodies and adjoining owners.
Section 321I.24 - Recreational riding area — limitation of liability of prior landowners.
Section 321I.25 - Course of instruction.
Section 321I.26 - Education certificate — fee.
Section 321I.27 - Stopping and inspecting — warnings.
Section 321I.28 - Termination of use.
Section 321I.29 - Writing fees.
Section 321I.30 - Consistent local laws — special local rules.
Section 321I.31 - Owner’s certificate of title — in general.
Section 321I.32 - Fees — duplicates.
Section 321I.33 - Transfer or repossession by operation of law.
Section 321I.34 - Security interest — perfection and titles — fee.
Section 321I.35 - Vehicle identification number.
Section 321I.36 - Repeat offender — records, enforcement, and penalties.