Arizona

Recreational Use/Recreational Trespass Laws

A.R.S. 33-1551

§ 33-1551. Duty of owner, lessee or occupant of premises to recreational or educational users; liability; definitions

(a) A public or private owner, easement holder, lessee or occupant of premises is not liable to a recreational or educational user except upon a showing that the owner, easement holder, lessee or occupant was guilty of wilful, malicious or grossly negligent conduct which was a direct cause of the injury to the recreational or educational user.

(b) This section does not limit the liability which otherwise exists for maintaining an attractive nuisance, except with respect to dams, channels, canals and lateral ditches used for flood control, agricultural, industrial, metallurgical or municipal purposes.

(c) As used in this section:
(1) "Educational user" means a person to whom permission has been granted or implied without the payment of an admission fee or any other consideration to enter upon premises to participate in an educational program, including but not limited to, the viewing of historical, natural, archaeological or scientific sights. A nominal fee that is charged by a public entity or a nonprofit corporation to offset the cost of providing the educational or recreational premises and associated services does not constitute an admission fee or any other consideration as prescribed by this section.
(2) "Grossly negligent" means a knowing or reckless indifference to the health and safety of others.
(3) "Premises" means agricultural, range, open space, park, flood control, mining, forest or railroad lands, and any other similar lands, wherever located, which are available to a recreational or educational user, including, but not limited to, paved or unpaved multi-use trails and special purpose roads or trails not open to automotive use by the public and any building, improvement, fixture, water conveyance system, body of water, channel, canal or lateral, road, trail or structure on such lands.
(4) "Recreational user" means a person to whom permission has been granted or implied without the payment of an admission fee or any other consideration to travel across or to enter upon premises to hunt, fish, trap, camp, hike, ride, exercise, swim or engage in similar pursuits. The purchase of a state hunting, trapping or fishing license is not the payment of an admission fee or any other consideration as provided in this section. A nominal fee that is charged by a public entity or a nonprofit corporation to offset the cost of providing the educational or recreational premises and associated services does not constitute an admission fee or any other consideration as prescribed by this section.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Arizona does use current use taxation for agriculture based on an income approach.

Statute: ARIZ.REV.STAT. ANN §§ 42-13402

Method of Assessment: Income Approach for agriculture
http://www.revenue.state.az.us/property/propertymenu.htm

Application: Automatic enrollment

Current Use Taxation for open-space land: 

Arizona has no current use taxation to promote open space or recreation.

Tax incentive specifically for providing access: 

Arizona does not provide a tax incentive that specifically addresses access.

Other

Statute: ARIZ.REV.STAT. ANN §§ 42-11114

Method of Assessment: Property held by a charitable organization to be used as parkland is exempt from taxation if the charitable organization does not receive rent.

Tax Incentive when land is subject to Conservation Easement: 

Arizona has no tax incentives for land subject to conservation easements. However the Arizona Department of Revenue does have guidance on how to value conservation easements.
http://www.azdor.gov/Portals/0/Brochure/conesmt.pdf

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Income Tax: 

Arizona has no income tax credits.

View all states with no tax incentives for donation of land or conservation easement Hide all states with no tax incentives for donation of land or conservation easement
Hunter Access Program: 

Number of Acres: 200,000 land walk-in/open fields program (a mixture of public and private land.)

Access Program provides funds to perform various projects with private landowners in exchange for short-term or perpetual access agreements. However, this program does not evaluate conservation benefits.

For additional information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Newman v. Sun Valley Crushing Co. 787 P.2d 623

There is no further information regarding this case.

Smith v. Arizona Board of Regents 195 Ariz. 214

-Carnival-type apparatus temporarily placed on university property, combining a trampoline and bungee cord, did not constitute “premises,” nor was a student injured on the apparatus a “recreational user,” within the meaning of the recreational use statute, and thus, the statute did not apply to shield the university or related entities from liability; the legislature did not intend to immunize a landowner for injuries on such a transient apparatus, and the student was not engaged in the type of recreational activity contemplated by the statute.