Arkansas

Recreational Use/Recreational Trespass Laws

A.C.A. 18-11-301 through 18-11-307

§ 18-11-302. Definitions

As used in this subchapter:
(1) "Charge" means an admission fee for permission to go upon or use the land, but does not include:
(a) The sharing of game, fish, or other products of recreational use; or
(b) Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use;
(2) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(3) "Owner" means the possessor of a fee interest, a tenant, lessee, holder of a conservation easement as defined in § 15-20-402, occupant, or person in control of the premises;
(4) "Public" and "person" includes the Young Men's Christian Association, Young Women's Christian Association, Boy Scouts of America, Girl Scouts of the United States of America, Boys & Girls Clubs of America, churches, religious organizations, fraternal organizations, and other similar organizations; and
(5) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof:
(a) Hunting;
(b) Fishing;
(c) Swimming;
(d) Boating;
(e) Camping;
(f) Picnicking;
(g) Hiking;
(h) Pleasure driving;
(i) Nature study;
(j) Water skiing;
(k) Winter sports;
(l) Spelunking;
(m) Viewing or enjoying historical, archeological, scenic, or scientific sites; and
(n) Any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another.

§ 18-11-303. Construction of subchapter

Nothing in this subchapter shall be construed to:
(1) Create a duty of care or ground of liability for injury to persons or property; or
(2) Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the absence of this subchapter to exercise care in his or her use of the land and in his or her activities thereon or relieve any person from the legal consequences of failure to employ such care.

§ 18-11-304. Duty of care

Except as specifically recognized by or provided in § 18-11-307, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes.

§ 18-11-305. Limitation on liability

Except as specifically recognized by or provided in § 18-11-307, an owner of land who, either directly or indirectly, invites or permits without charge any person to use his or her property for recreational purposes does not thereby:
(1) Extend any assurance that the lands or premises are safe for any purpose;
(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons; or
(4) Assume responsibility for or incur liability for injury to the person or property caused by any natural or artificial condition, structure, or personal property on the land.

§ 18-11-307. Owner's liability

Nothing in this subchapter limits in any way liability which otherwise exists:
(1) For malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous; and
(2) For injury suffered in any case in which the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that, in the case of land leased to the state, a subdivision thereof, or to a third person, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Arkansas does have a current use statute. Agricultural land and timberland are valued at 20% of their productive use value.

Statute: § 26-26-407

Method of Assessment: Soil Productivity based on region for agricultural land and timberland as well as certain wetlands and other land enrolled in qualified government conservation programs.
http://www.arkansas.gov/acd/faqs.html

Application: N/A

Current Use Taxation for open-space land: 

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

Tax incentive specifically for providing access: 

Arkansas has no tax incentives to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Arkansas has no tax incentives for land subject to conservation easements.

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Income Tax: 

Arkansas has no tax incentives for land subject to conservation easements.

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: 

No programs classified as “state administrated walk-in hunter access programs” were identified in this state via general internet search. However, for more accurate 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

Mandel v. U.S. 545 F.Supp. 907(overturned)

-The statute in effect only required a showing that the condition was dangerous. The statute now requires the condition to be ultra-hazardous.

Jenkins v. Arkansas Power & Light Co. 140 F.3d 1161

-Arkansas recreational use statute, which provided immunity from liability to landowners who opened their lands to public recreational use, applied to electric utility which opened its lake to public pursuant to its license from Federal Energy Regulatory Commission, notwithstanding injured swimmer's claim that applying statute to utility defeated goal of statute of encouraging landowners to open their land through immunity.
-Malicious conduct exception to immunity provided under Arkansas recreational use statute to landowners permitting public recreational use of their land did not apply to utility who opened lake to public, based on its failure to mark or warn users of submerged island; given obvious danger associated with diving into water without first testing its depth, shallow area caused by island was not ultra-hazardous condition and failure to warn was at most negligent.