                                 CODE OF VIRGINIA

DUTY OF CARE AND LIABILITY FOR DAMAGES OF LANDOWNERS TO HUNTERS, FISHERMEN,
SIGHTSEERS, ETC (§ 29.1-509)

A. For the purpose of this section:
			&#8220;Fee&#8221; means any payment or payments of money to a landowner for
use of the premises or in order to engage in any activity described in
subsections B and C, but does not include license fees, insurance fees, handling
fees, transaction fees, administrative fees, rentals or similar fees received by
a landowner from governmental, not-for-profit, or private sources, or payments
received by a landowner for rights of ingress and egress or from incidental
sales of forest products to an individual for his personal use, or any action
taken by another to improve the land or access to the land for the purposes set
forth in subsections B and C or remedying damage caused by such uses.
			&#8220;Land&#8221; or &#8220;premises&#8221; means real property or
right-of-way, whether rural or urban, waters, boats, private ways, natural
growth, trees, railroad property, railroad right-of-way, utility corridor, and
any building or structure which might be located on such real property, waters,
boats, private ways and natural growth.
			&#8220;Landowner&#8221; means the legal title holder, any easement holder,
lessee, occupant or any other person in control of land or premises, including
railroad rights-of-way.
			&#8220;Low-head dam&#8221; means a dam that is built across a river or stream
for the purpose of impounding water where the impoundment, at normal flow
levels, is completely within the banks, and all flow passes directly over the
entire dam structure within the banks, excluding abutments, to a natural channel
downstream.

B. A landowner shall owe no duty of care to keep land or premises safe for entry
or use by others for hunting, fishing, trapping, camping, participation in water
sports, boating, hiking, rock climbing, sightseeing, hang gliding, skydiving,
horseback riding, foxhunting, racing, bicycle riding or collecting, gathering,
cutting or removing firewood, for any other recreational use, for ingress and
egress over such premises to permit passage to other property used for
recreational purposes or for use of an easement granted to the Commonwealth or
any agency thereof or any not-for-profit organization granted tax-exempt status
under &#xA7; 501(c)(3) of the Internal Revenue Code to permit public passage
across such land for access to a public park, historic site, or other public
recreational area. No landowner shall be required to give any warning of
hazardous conditions or uses of, structures on, or activities on such land or
premises to any person entering on the land or premises for such purposes,
except as provided in subsection D. The provisions of this subsection apply
without regard to whether the landowner has given permission to a person to use
their land for recreational purposes.

C. Any landowner who gives permission, express or implied, to another person to
hunt, fish, launch and retrieve boats, swim, ride, foxhunt, trap, camp, hike,
bicycle, rock climb, hang glide, skydive, sightsee, engage in races, to collect,
gather, cut or remove forest products upon land or premises for the personal use
of such person, or for the use of an easement or license as set forth in
subsection B does not thereby:

   1. Impliedly or expressly represent that the premises are safe for such
   purposes; or

   2. Constitute the person to whom such permission has been granted an invitee
   or licensee to whom a duty of care is owed; or

   3. Assume responsibility for or incur liability for any intentional or
   negligent acts of such person or any other person, except as provided in
   subsection D.

D. Nothing contained in this section, except as provided in subsection E, shall
limit the liability of a landowner which may otherwise arise or exist by reason
of his gross negligence or willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity. The provisions of this
section shall not limit the liability of a landowner which may otherwise arise
or exist when the landowner receives a fee for use of the premises or to engage
in any activity described in subsections B and C. Nothing contained in this
section shall relieve any sponsor or operator of any sporting event or
competition including but not limited to a race or triathlon of the duty to
exercise ordinary care in such events. Nothing contained in this section shall
limit the liability of an owner of a low-head dam who fails to implement safety
measures described in subsection F.

E. For purposes of this section, whenever any landowner has entered into an
agreement with, or grants an easement or license to, the Commonwealth or any
agency thereof, any locality, any not-for-profit organization granted tax-exempt
status under &#xA7; 501(c)(3) of the Internal Revenue Code, or any local or
regional authority created by law for public park, historic site, or
recreational purposes, concerning the use of, or access over, his land by the
public for any of the purposes enumerated in subsections B and C, such landowner
shall be immune from liability to any member of the public arising out of such
member&#8217;s use of such land for any such purpose, and the government, agency
locality, not-for-profit organization, or authority with which the agreement is
made shall indemnify and hold the landowner harmless from all liability and be
responsible for providing, or for paying the cost of, all reasonable legal
services required by any person entitled to the benefit of this section as the
result of a claim or suit attempting to impose liability. Any action against the
Commonwealth, or any agency thereof, shall be subject to the provisions of the
Virginia Tort Claims Act (&#xA7; 8.01-195.1 et seq.). Any provisions in a lease
or other agreement which purports to waive the benefits of this section shall be
invalid, and any action against any county, city, town, or local or regional
authority shall be subject to the provisions of &#xA7; 15.2-1809, where
applicable.

F. Any owner of a low-head dam may mark the areas above and below the dam and on
the banks immediately adjacent to the dam with signs and buoys of a design and
content, in accordance with the regulations of the Board, to warn the swimming,
fishing, and boating public of the hazards posed by the dam. Any owner of a
low-head dam who marks a low-head dam in accordance with this subsection shall
be deemed to have met the duty of care for warning the public of the hazards
posed by the dam. Any owner of a low-head dam who fails to mark a low-head dam
in accordance with this subsection shall be presumed not to have met the duty of
care for warning the public of the hazards posed by the dam.

HISTORY: Code 1950, §§ 8-654.2, 29-130.2; 1962, c. 545; 1964, c. 435; 1977, c.
624; 1979, c. 276; 1980, c. 560; 1982, c. 29; 1983, c. 283; 1987, c. 488; 1988,
c. 191; 1989, cc. 26, 500, 505; 1990, cc. 799, 808; 1991, c. 305; 1992, c. 285;
1994, c. 544; 2007, c. 664; 2010, c. 43; 2017, c. 366.