Connecticut

Recreational Use/Recreational Trespass Laws

C.G.S. 52-557f through 52-557i

§ 52-557f. Landowner liability for recreational use of land; definitions

As used in sections 52-557f to 52-557i, inclusive:

(1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land;

(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, occupant or person in control of the premises;

(4) “Recreational purpose” includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, snow skiing, ice skating, sledding, hang gliding, sport parachuting, hot air ballooning and viewing or enjoying historical, archaeological, scenic or scientific sites.

§ 52-557g. Liability of owner of land available to public for recreation; exceptions

(a) Except as provided in section 52-557h, an owner of land who makes all or any part of the land available to the public without charge, rent, fee or other commercial service for recreational purposes owes no duty of care to keep the land, or the part thereof so made available, 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 land to persons entering for recreational purposes.

(b) Except as provided in section 52-557h, an owner of land who, either directly or indirectly, invites or permits without charge, rent, fee or other commercial service any person to use the land, or part thereof, for recreational purposes does not thereby: (1) Make any representation that the premises are safe for any purpose; (2) confer upon the person who enters or uses the land for recreational purposes the legal status of an invitee or licensee to whom a duty of care is owed; or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of the owner.

(c) Unless otherwise agreed in writing, the provisions of subsections (a) and (b) of this section shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.

§ 52-557h. Owner liable, when

Nothing in sections 52-557f to 52-557i, inclusive, limits in any way the liability of any owner of land which otherwise exists: (1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; (2) for injury suffered in any case where 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 or a subdivision thereof, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.

§ 52-557i. Obligation of user of land

Nothing in sections 52-557f to 52-557i, inclusive, shall be construed to relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of said sections to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Connecticut does have a current use statute for farm, forest and open space.

Statute: Title – C.G.S.A. §§ 12-63(a)12-107(a)-(e), 12-107(e).

Method of Assessment: Present True and Actual Value for Ag, Forestry, Maritime Heritage, and Open Space Land.

Application: Yes, burden on owner - owner of land may apply for classification under one of the four categories by filing an application with the assessor not more than 30 days before or thirty days after the date of assessment. 12-107(c)(a)(farm), 12-107(d)(f)(forest), 12-107(e)(b)(open space – also requires majority vote of Town’s legislative body under 12-107(e)), 12-107(g)(a)(maritime heritage).

Plan Requirements: Certification as forest land requires report by certified forester. C.G.S.A. § 12-107(d). See also § 12-107(b)(5) – “Plan of Conservation and Development.”

Penalty: Towns assess property tax penalties differently. C.G.S.A. § 12-119a. See town websites for additional penalties and requirements for open space and maritime designations.
http://www.ct.gov/ctportal/cwp/view.asp?a=843&q=257266

Current Use Taxation for open-space land: 

Connecticut does have a current use statute which assesses open-space land at a reduced property tax rate.

Statute: C.G.S.A. §12-107e

Purpose of Assessment: Preservation of open space land. C.G.S.A. § 12-107a.

Method of Assessment: Current Use - the present true and actual value of land

Eligibility Requirements

Application: Burden on owner to apply for classification by filing an application with the assessor not more than 30 days before or 30 days after the date of assessment.

Renewal: Landowner does not have to apply for renewal once land is designated open space land.

Plan Requirements: N/A

Unique or Functional Characteristics

The planning commission of any municipality may designate land for preservation as open space land. C.G.S.A. §12-107e(a). Only owners of land included in any area designated as open space may apply for its classification as open space land.

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Tax incentive specifically for providing access: 

Connecticut has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Connecticut has no tax incentives for land subject to Conservation Easements.

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Income Tax: 

Connecticut does have a tax credit for corporations that donate land for the permanent preservation of open space.

Statute: C.G.S.A. § 12-217dd – Tax credit for donation of open space

Program: Corporations that donate open space can receive 50% of the appraised value of the donated land as a credit against the state’s corporate income tax. The credit can carry over for 15 years and it is not transferable.

State Corporate Income Tax: 7.5%

Enacted: 1999

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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

Conway v. Town of Wilton 238 Conn. 653

-Municipality and its employees do not come within term “owner” of land, as used in Recreational Land Use Act, and thus are not entitled to immunity under Act for injuries sustained on municipal land available to public for recreational purposes.