Georgia

Recreational Use/Recreational Trespass Laws

GA ST Code Sections 51-3-20 through 51-3-25

§ 51-3-22. Freedom of owner from duty to keep premises safe or to warn of danger

Except as specifically recognized by or provided in Code Section 51-3-25, 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.

§ 51-3-23. No assurance that premises safe; persons entering land without charge not considered invitees or licensees

Except as specifically recognized by or provided in Code Section 51-3-25, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes does not thereby:

(1) Extend any assurance that the premises are safe for any purpose;

(2) Confer upon such person 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 of omission of such persons.

§ 51-3-25. Exceptions to law; effect of charging admission

Nothing in this article limits in any way any liability which otherwise exists:

(1) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or

(2) For injury suffered in any case when 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 Code section.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Georgia does have a current use statute for agriculture, timber and environmentally sensitive lands.

Statute: § Ga. Code Ann., § 48-5-7.1 § 48-5-7.1. § 48-5-7.4.. § 391-3-18-.01 e

Method of Assessment: Formula based on productivity capacity and income for agriculture, timber, and environmentally sensitive value.

Application: Landowner has initial burden.

Plan Requirements: The owner must also agree by covenant with the appropriate taxing authorities to maintain the property in bona fide qualifying use for a ten-year period, and the property must be so maintained. If this is done, the property then qualifies for a "current use assessment" computed in accordance with a table of values established by the Commissioner of the Department of Revenue under OCGA § 48-5-269. The property is assessed for property tax purposes at 40 percent of its current use value rather than fair market value.

Penalties: Landowners must pay back to the taxing authorities twice the savings they have received over the life of the covenant up to the point it was breached.

Current Use Taxation for open-space land: 

Georgia has current use taxation to promote open space or recreation.

Statute: Ga. Code Ann. § 48-5-7.4. Current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property.

Purpose of Assessment: Tax fairness and environmental concerns. Ga. Code Ann. § 48-5-1.

Method of Assessment: Current use.

Eligibility Requirements

Application: Landowner has initial burden to file application along with the required covenant agreement for conservation use qualification. Ga. Code Ann. § 48-5-7.4(j).

Renewal: Automatic until landowner applies for release of current use treatment whenever the property ceases to be eligible for current use assessment or when any ten-year covenant period expires and the property does not qualify for further current use assessment. Ga. Code Ann. § 48-5-7.4(w).

Area Requirements: No minimum acreage requirement. Maximum 2,000 acres. Parcels of land that total less than ten acres will be required by the county tax assessor to submit additional relevant records to prove bona fide conservation use.

Plan Requirements: Bona fide conservation use property is either ,(1) property with the primary purpose of good faith production, including but not limited to subsistence farming or commercial production, from or on the land of agricultural products or timber or, (2) environmentally sensitive property. However, the statute only requires that one-half of the property be used for a bona fide conservation use, and the other half may be used for hunting or fishing and the property will still qualify. Also, landowners must sign a 10-year covenant with the county.

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Tax incentive specifically for providing access: 

Georgia has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Statute: Ga. Code Ann. § 44-10-8. Recordation of easements; revaluation of encumbered property; appeals.

Valuation: Conservation easement and shall entitle the owner to a revaluation of the encumbered real property so as to reflect the existence of the encumbrance on the next succeeding tax digest of the county.

Process: A conservation easement may be recorded in the office of the clerk of the superior court of the county where the land is located. Such recording shall be notice to the board of tax assessors of such county of the conveyance. Any owner who records a conservation easement and who is aggrieved by a revaluation or lack thereof under this Code section may appeal to the board of equalization and may appeal from the decision of the court.

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Income Tax: 

Statute: Ga. Code Ann. § 48-7-29.12. Credit for donation of real property for conservation purposes

Program: State income tax credit for landowners that donate land for open space or recreation, including hunting. The donation must be approved by the state Department of Natural Resources. Corporate donations may not exceed $500,000 or 25% of the appraised fair market value. Individuals may not exceed $250,000 or 25% of the appraised fair market value. The credit may carry over for 10 years until it is terminated. The credit is not transferable. Only one credit per parcel can be made in a given year. The credit does not apply to those who want to preserve or develop any land or anything having to do with golf. There is a penalty for collusive appraisers that overvalue (150% of the fair market value) the property.

Tax: 1% to 7% (depending on income)

Enacted: 2006

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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

McGruder v. Georgia Power Co. 191 S.E.2d 305, North v. Taco Hills Inc. 286 S.E.2d 346

-Where property owner neither invited nor charged for the use of land for recreational purposes, plaintiff, who slipped and fell on a roll of metal fencing or reinforcing bar concealed in heavy underbrush while using the property for recreational purposes, could not recover for injuries on ground that property owner failed to warn him of the danger or that conditions on property constituted a private nuisance maintained by property owner.

Bourn v. Herring 225 Ga. 67 (1969)

-Corporation which made picnic grounds and lake resort available for Sunday school picnic that 14-year-old boy was attending when he drowned was “owner” within act limiting liability of owners of land and water areas who make such areas available to public for recreational purposes.
-Benefits derived by corporation from allegedly making picnic grounds and lake available for Sunday school picnic, at which 14-year-old boy drowned, for advertising purposes and to promote sale of corporation's products were not a “charge” which would make such corporation and its general manager liable for other than wilful and malicious failure to guard or warn against dangerous condition under act limiting liability of owners who make land and water areas available to public for recreational purposes.

Anderson v. Atlanta Committee for Olympic Games 273 Ga. 113

-The Recreational Property Act (RPA), providing immunity to owner who made property available without charge to public for recreational purposes, was not unconstitutionally vague as applied to suits against local Olympic committee, as lessee of Centennial Olympic Park property from public authority, and against sublessee of area within park, for wrongful death and personal injuries caused by bombing in park during 1996 Olympic Games; RPA provided fair notice that park created to celebrate spirit of historic athletic and cultural event and to provide gathering place for visitors was available to the public for “recreational purposes.”
-The Recreational Property Act (RPA), providing immunity to owner who made property available without charge to public for recreational purposes, did not violate due process or equal protection clauses; RPA did not disadvantage a suspect class or interfere with fundamental right, and was rationally related to legitimate governmental purpose of making recreational property more accessible to the public.