Resources and Library:

Safe Trails Forum

A brochure published by North Dakota State Parks puts into plain English the state statute on limitationf of liability for landowners allowing recreation on their property.

Download the brochure (pdf 120 kb)

Limited Landowner Liability on Recreation Lands in North Dakota

From North Dakota Parks & Recreation Department

Outdoor recreation is popular in North Dakota throughout the year. Common activities are hiking, biking, horseback riding and off-highway vehicle driving in the summer and snowmobiling, snowshoeing and cross country skiing in the winter. Private landowners or local government are often concerned about the liability of allowing public recreation on their lands.

photo of crossing guard

North Dakota Century Code (NDCC) 53-08 protects landowners and local government by limiting the liability they may incur from public recreation on their property. The information in this brochure summarizes NDCC 53-08.

A Landowner’s Duty of Care

A landowner is not specifically required to keep the premises safe for recreational purposes such as hiking, biking, snowmobiling and off-highway vehicle driving. Landowners are also not required to warn users of a dangerous condition, use, structure or activity on the property.

When users choose to engage in an activity they assume some of the risk inherent in outdoor recreation. A landowner, however, is liable for willful and malicious failure to guard or warn against a dangerous condition, use, structure or activity.

Leasing to the State or Political Subdivisions

Unless otherwise agreed in writing, owners leasing land to the state or political subdivisions for recreation are not required to keep the property safe for others or warn users of any hazardous conditions, uses, structures or activities. In addition, owners are not required to:

1. Assure that the premises are safe.

2. Assume responsibility for injuries or property damage. Persons using the land for recreation should be prepared for all conditions, safe or unsafe. These provisions apply whether land users are invitees, licensees, trespassers or otherwise.

Charging for Access

A landowner either directly or indirectly inviting or permitting others to use his or her property for recreational purposes free of charge is not required to:

1. Assure that the premises are safe for any and all purposes.

2. Confirm that the recreational users are of legal and/or licensed status.

3. Assume responsibility for injury to a person or damage to any property caused by the users. Persons using the land for recreation should be prepared for all conditions, safe or unsafe.

Landowners are liable when an injury is suffered and:

1. The user has been charged for entry onto the land other than the amount, if any, paid to the owner of the land by the state, county or city, and

2. Charges collected in the previous calendar year that are more than:

• Twice the total amount of property taxes imposed on the property; or
• Four times the total amount of agricultural property taxes imposed on the property.

For more information on North Dakota Century Code 53-08, LIABILITY LIMITED FOR OWNER OF RECREATION LANDS or for an alternate format of this publiction, please contact:

North Dakota Parks & Recreation Department
1600 E. Century Avenue, Suite 3, Bismarck, ND 58503
Phone: 701-328-5357
Email: parkrec@nd.gov
Web: www.parkrec.nd.gov

Download the brochure (pdf 120 kb)

Need trail skills and education? Do you provide training? Join the National Trails Training Partnership!

The NTTP Online Calendar connects you with courses, conferences, and trail-related training

Enjoy and share the new online, digital version of the American Trails Magazine!

Help us provide you more useful resources to keep you on the cutting-edge -- please join today!

We are advocating for your interests! Visit the Supporting Trails page to view the latest in legislative news, current issues, and opportunities, and to learn how to access funding.

Some of our documents are in PDF format and require free Adobe Acrobat Reader software.
Download Acrobat Reader

section 508 logo American Trails and NTTP support accessibility with Section 508: read more.

Related Pages:

Resources and Library:

Safe Trails Forum

Limited Landowner Liability on Recreation Lands in North Dakota