Effective - 28 Aug 2004
258.100. Trail, definition — immunity from civil liability for adjoining landowners, when. — 1. As used in this section, the word "trail" means any land which was acquired or utilized by the state for use as a public hiking, biking or recreational trail or any land or interest therein acquired or utilized hereafter by a political subdivision for use as a public hiking, biking or recreational trail. However, a trail not acquired by the state must be designated by the governing body of the political subdivision as a greenway system of trails or part of a dedicated system of trails, the acquisition conveyance whether by deed, easement agreement, grant, assignment, or reservation of rights to the political subdivision must state the interest in the land is being granted for such purposes, the greenway system or dedicated system of trails must be designed exclusively for the purposes herein designated, and shall not include roads or streets, nor sidewalks, walkways or paths which are intended to connect neighborhoods for pedestrian traffic, such as common sidewalks or walkways.
2. Any person owning land adjoining the trail shall be immune from civil liability for injuries to person or property of persons trespassing or entering on such person's land without implied or expressed permission, invitation, or consent where:
(1) The person who was injured entered the land by way of the trail; and
(2) Such person was subsequently injured on lands adjoining the trail.
3. The immunity created by this section does not apply if the injuries were caused by:
(1) The intentional or unlawful act of the owner or possessor of such land; or
(2) The willful or wanton act of the owner or possessor of such land.
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(L. 1990 H.B. 1669 § 1, A.L. 1993 S.B. 221, A.L. 1994 H.B. 1115, A.L. 2004 S.B. 810)
Structure Missouri Revised Statutes
Title XVI - Conservation, Resources and Development
Chapter 258 - Outdoor Recreation
Section 258.010 - Committees, councils and boards authorized — staffing by department.
Section 258.060 - Duties and functions of department.
Section 258.070 - Compensation, expenses of member agencies' representatives.
Section 258.080 - Fund created — moneys appropriated, for what purposes — funds not to revert.
Section 258.083 - General assembly may appropriate funds for grants to parks.
Section 258.100 - Trail, definition — immunity from civil liability for adjoining landowners, when.
Section 258.200 - Limited liability for person owning land adjoining streams or rivers, when.