Idaho

Recreational Use/Recreational Trespass Laws

IC 36-1604

§ 36-1604. Limitation of liability of landowner

(a) Statement of Purpose. The purpose of this section is to encourage owners of land to make land, airstrips and water areas available to the public without charge for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

(b) Definitions. As used in this section:

1. "Airstrips" means either improved or unimproved landing areas used by pilots to land, park, take off, unload, load and taxi aircraft. Airstrips shall not include landing areas which are or may become eligible to receive federal funding pursuant to the federal airport and airway improvement act of 1982 and subsequent amendments thereto.

2. "Land" means private or public land, roads, airstrips, trails, water, watercourses, irrigation dams, water control structures, headgates, private or public ways and buildings, structures, and machinery or equipment when attached to or used on the realty.

3. "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.

4. "Recreational purposes" includes, but is not limited to, any of the following activities or any combination thereof: hunting, fishing, swimming, boating, rafting, tubing, camping, picnicking, hiking, pleasure driving, the flying of aircraft, bicycling, running, playing on playground equipment, skateboarding, athletic competition, nature study, water skiing, animal riding, motorcycling, snowmobiling, recreational vehicles, winter sports, and viewing or enjoying historical, archeological, scenic, geological or scientific sites, when done without charge of the owner.

(c) Owner Exempt from Warning. An owner of land owes no duty of care to keep the premises safe for entry by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes. Neither the installation of a sign or other form of warning of a dangerous condition, use, structure, or activity, nor any modification made for the purpose of improving the safety of others, nor the failure to maintain or keep in place any sign, other form of warning, or modification made to improve safety, shall create liability on the part of an owner of land where there is no other basis for such liability.

(d) Owner Assumes No Liability. An owner of land or equipment who either directly or indirectly invites or permits without charge any person to use such 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.
3. Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons.

(e) Provisions Apply to Leased Public Land. Unless otherwise agreed in writing, the provisions 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.

(f) Provisions Apply to Land Subject to a Conservation Easement. Unless otherwise agreed in writing, the provisions of this section shall be deemed applicable to the duties and liability of an owner of land subject to a conservation easement to any governmental entity or nonprofit organization.

(g) Owner Not Required to Keep Land Safe. Nothing in this section shall be construed to:
1. Create a duty of care or ground of liability for injury to persons or property.
2. Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this section to exercise care in his use of such land and in his activities thereon, or from legal consequences or failure to employ such care.
3. Apply to any person or persons who for compensation permit the land to be used for recreational purposes.

(h) User Liable for Damages. Any person using the land of another for recreational purposes, with or without permission, shall be liable for any damage to property, livestock or crops which he may cause while on said property.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Idaho has current use for agricultural, forest lands and lands used to protect wildlife and wildlife habitat.

Statute: IDAHO CODE ANN. § 63-1705. IDAHO CODE ANN. § 63-604.

Method of Assessment: Forest lands are assessed by a formula based on regional productivity; agricultural land is assessed based on income.

Application: Burden on landowner.

Plan: No, but a forest management cost study is required.

Penalties for Use Change: Payment of deferred taxes up to 10 years.

Current Use Taxation for open-space land: 

Idaho does assess land used to protect wildlife and wildlife habitat based on a current use approach as if it is agricultural land.

Statute: IDAHO CODE ANN. § 63-605.

Method of Assessment: Land used to protect wildlife and wildlife habitat is assessed as if it was qualifying agricultural land.

Application: Burden on landowner.

Penalties for Use Change: Payment of deferred taxes up to 10 years.

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Tax incentive specifically for providing access: 

Idaho has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Idaho has tax incentives for land subject to conservation easements.

Statute: I.C. § 55-2109

Valuation: The granting of a conservation easement across a piece of property shall not have an effect on the market value of that property for ad valorem tax purposes. When the property is assessed for ad valorem tax purposes, the market value shall be computed as if the conservation easement did not exist.

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Income Tax: 

Idaho has no tax credits or incentives for the donation of land or conservation easements.

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Hunter Access Program: 

Name of Program: Access Yes!

Number of Acres Enrolled: 444,735 acres of private land and 381,310 acres of public land.

Willing landowners are compensated with direct monetary payments, habitat improvement projects, access development projects, or other forms. Currently, there is no information available regarding the conservation benefits achieved through this program.

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

Johnson v. Sunshine Mining Co., Inc. 106 Idaho 866

-Motorcycle riding on private land was activity for “recreational purposes” within meaning of statute which limits landowner's liability to nonpaying recreational users.
-Statute which limits landowner's liability to nonpaying recreational users does not distinguish between active or passive conduct of owner in creating hazardous condition.