No person or corporation, or their successors in interest, who has granted a right-of-way or easement across his land to the energy, minerals and natural resources department for use in the state trails system shall be liable to any user of the trail for injuries suffered on the right-of-way or easement unless the injuries are caused by the willful or wanton misconduct of the grantor.
History: 1953 Comp., § 4-9A-10, enacted by Laws 1973, ch. 372, § 10; 1977, ch. 254, § 39; 1987, ch. 234, § 33.
ANNOTATIONS
The 1987 amendment, effective July 1, 1987, substituted “energy, minerals and natural resources department” for “division” and made a minor language change.
No duty to maintain trails or warn of dangerous conditions. — Where a traveler has a right to ride a motorcycle over the trails on a landowner’s property, the landowner has no duty to maintain the trails and has no duty to warn of dangerous trail conditions not created by the landowner. Moore v. Burn Constr. Co., 1982-NMCA-087, 98 N.M. 190, 646 P.2d 1254.