58-3201. Limiting liability of property owners to persons entering premises for recreational purposes. The purpose of this act is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes. History: L. 1965, ch. 559, § 1; […]
58-3202. Limiting liability of property owners to persons entering premises for recreational purposes; definitions. As used in this act: (a) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty and includes agricultural and nonagricultural land. (b) “Owner” means the possessor of a fee interest, […]
58-3203. Limited liability of property owners; owner’s duty of care. Except as specifically recognized by or provided in K.S.A. 58-3206 and amendments thereto, an owner of land who makes all or any part of the land available to the public for recreational purposes owes no duty of care to keep the premises, or that part […]
58-3204. Same; owner’s responsibility. Except as specifically recognized by or provided in K.S.A. 58-3206, and amendments thereto, an owner of land who either directly or indirectly invites or permits any person to use such property, or any part of such property, for recreational purposes or an owner of nonagricultural land who either directly or indirectly […]
58-3205. Same; application to lands leased to state or subdivision. Unless otherwise agreed in writing, the provisions of K.S.A. 58-3203 and 58-3204 shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes. History: L. 1965, ch. 559, § 5; July […]
58-3206. Same; nonapplication of act to certain liabilities. Nothing in this act limits in any way any liability which otherwise exists: (a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. (b) For injury suffered in any case where the owner of nonagricultural land charges the person […]
58-3207. Same; construction of act as to certain liabilities and obligations. Nothing in this act shall be construed to: (a) Create a duty of care or ground of liability for injury to persons or property. (b) Relieve any person using the land of another for recreational purposes from any obligation which such person may have […]
58-3208. Same; prohibition of easements. Nothing in the provisions of K.S.A. 58-3201 et seq., and amendments thereto, shall be construed as the granting of an easement over such land by the owner thereof, nor as the granting of an easement over such land by adverse possession. History: L. 2012, ch. 154, § 2; July 1.
58-3211. Definitions. As used in this act: (a) “Adjacent property owner” means a person or entity, other than a responsible party, who owns property or facilities on or adjacent to a recreational trail. (b) “Recreational trail” means a trail created pursuant to subsection (d) of 16 U.S.C. 1247 (1983). (c) “Responsible party” means any person, […]
58-3212. Duties of responsible party. (a) The responsible party, at all times after transfer of the deed to the responsible party, shall: (1) Perform the duties imposed by K.S.A. 2-1314 and amendments thereto along the recreational trail; (2) provide for the safety, use and accessibility of existing easements, utility facilities and access licenses along the […]
58-3213. Procedures for development. (a) Upon receipt of permission from the appropriate federal agency to enter into negotiations for interim trail use, the responsible party shall give written notice to each adjacent property owner that the responsible party intends to build a recreational trail adjacent to the property owner’s property. The responsible party may utilize […]
58-3214. Adjacent property owners; duty of care. An adjacent property owner has no duty of care to: (a) Any person using a recreational trail, except that this subsection shall not relieve an adjacent property owner from liability for injury to another that is a direct result of such property owner’s gross negligence or willful or […]
58-3215. Actions to enforce act; orders of court. If the responsible party fails to comply with the provisions of this act, any adjacent property owner, city or county aggrieved by the noncompliance may bring an action in the district court to enforce the provisions of this act. Upon a finding that the responsible party has […]
58-3216. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. To this end the provisions of this act are severable. History: L. […]
58-3221. Sport shooting ranges; definitions. As used in this act: (a) “Generally accepted operation practice” means those safety practices adopted, pursuant to rules and regulations, by the Kansas department of wildlife, parks and tourism and established by a nationally recognized nonprofit membership organization that provides voluntary firearms safety programs which include training individuals in the […]
58-3222. Same; conformance to generally accepted operation practices; application of law relating to noise control and nuisance. (a) Notwithstanding any other provisions of law, and in addition to other protections provided in this act, a person who owns, operates, manages or uses a sport shooting range that conforms to generally accepted operation practices in the […]
58-3223. Same; application of local law. (a) A sport shooting range that is operated and is not in violation of state law at the time of the enactment of an ordinance or resolution shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not […]
58-3224. Same; regulation by local governments; taking of range for certain uses prohibited. (a) Except as otherwise provided, the provisions of this act shall not prohibit a local unit of government from regulating the location and construction of a sport shooting range. (b) No person or governmental entity may take title to property which has […]
58-3225. Same; rules and regulations. The secretary of wildlife, parks and tourism is hereby authorized to adopt rules and regulations necessary to implement the provisions of this act. History: L. 2001, ch. 185, § 8; L. 2012, ch. 47, § 84; July 1.
