Indiana

Recreational Use/Recreational Trespass Laws

I.C. 14-22-10-2 through 14-22-10-2.5

§ 14-22-10-2 Restrictions on land-owner liability to recreational users

Sec. 2. (a) As used in this section and section 2.5 of this chapter, “governmental entity” means any of the following:

(1) The government of the United States of America.

(2) The state of Indiana.

(3) A county.

(4) A city.

(5) A town.

(6) A township.

(7) The following, if created by the Constitution of the United States, the Constitution of the State of Indiana, a statute, an ordinance, a rule, or an order:

(A) An agency.

(B) A board.

(C) A commission.

(D) A committee.

(E) A council.

(F) A department.

(G) A district.

(H) A public body corporate and politic.

(b) As used in this section and section 2.5 of this chapter, “monetary consideration” means a fee or other charge for permission to go upon a tract of land. The term does not include:

(1) the gratuitous sharing of game, fish, or other products of the recreational use of the land;

(2) services rendered for the purpose of wildlife management; or

(3) contributions in kind made for the purpose of wildlife management.

(c) As used in this section and section 2.5 of this chapter, “owner” means a governmental entity or another person that:

(1) has a fee interest in;

(2) is a tenant, a lessee, or an occupant of; or

(3) is in control of;
a tract of land.

(d) A person who goes upon or through the premises, including caves, of another:

(1) with or without permission; and

(2) either:

(A) without the payment of monetary consideration; or

(B) with the payment of monetary consideration directly or indirectly on the person's behalf by an agency of the state or federal government;
for the purpose of swimming, camping, hiking, sightseeing, or any other purpose (other than the purposes described in section 2.5 of this chapter) does not have an assurance that the premises are safe for the purpose.

(e) The owner of the premises does not:

(1) assume responsibility; or

(2) incur liability;
for an injury to a person or property caused by an act or failure to act of other persons using the premises.

(f) This section does not affect the following:

(1) Existing Indiana case law on the liability of owners or possessors of premises with respect to the following:

(A) Business invitees in commercial establishments.

(B) Invited guests.

(2) The attractive nuisance doctrine.

(g) This section does not excuse the owner or occupant of premises from liability for injury to a person or property caused by a malicious or an illegal act of the owner or occupant.

§ 14-22-10-2.5 Restrictions on landowner liability to hunters, fishers, and trappers

Sec. 2.5. (a) A person who goes upon or through the premises, including caves, of another:

(1) with or without permission; and

(2) either:

(A) without the payment of monetary consideration; or

(B) with the payment of monetary consideration directly or indirectly on the person's behalf by an agency of the state or federal government;
for the purpose of hunting, fishing, trapping, or preparing to hunt, fish, or trap, does not have an assurance that the premises are safe for that purpose.

(b) The owner of the premises does not:

(1) assume responsibility; or

(2) incur liability;

for an injury to a person or property caused by an act or failure to act of other persons using the premises.

(c) This section does not affect Indiana case law on the liability of owners or possessors of premises with respect to the following:

(1) Business invitees in commercial establishments.

(2) The attractive nuisance doctrine.

(d) This section does not excuse the owner or occupant of premises from liability for injury to a person or property caused by a malicious or an illegal act of the owner or occupant.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: Indiana taxes agricultural land based on “true tax value.” IC 6-1.1-2, I.C. 6-1.1-4.13

Method of Assessment: Formula based on soil productivity for agriculture. Forest plantations shall be assessed at one dollar ($1) per acre for general property taxation purposes.
http://www.in.gov/legislative/ic/code/title6/ar1.1/

Application: Application required.

Plan Requirements: The Department of Natural Resources shall prescribe a management plan for each classified parcel. IC 6-1.1-6-16(b)

Penalties: If land that is classified as a forest plantation is withdrawn from the classification, the owner shall pay an amount equal to the sum of, (1) the total property taxes that, if it were not for the classification, would have been assessed on the land during the period of classification or the ten (10) year period immediately preceding the date on which the land is withdrawn from the classification, whichever is lesser, and (2) interest on the property taxes at the rate of ten percent simple interest per year, and (3) for land that was originally classified after June, 30, 2006, a penalty amount of one hundred dollars per withdrawal plus fifty dollars per acre, unless an amount is established by rule by the Natural Resources Commission. IC 6-1.1-6-24.

Current Use Taxation for open-space land: 

Statute: IC 6-1.1-2.5,3

Method of Assessment: Native forest land and wildlands shall be assessed at one dollar per acre for general property taxation purposes.
http://www.in.gov/legislative/ic/code/title6/ar1.1/

Application: Application required.

Plan Requirements: The Department of Natural Resources shall prescribe a management plan for each classified parcel. IC 6-1.1-6-16(b).

Penalties: If land that is classified as native forest land or wildlands is withdrawn from the classification, the owner shall pay an amount equal to the sum of, (1) the total property taxes that, if it were not for the classification, would have been assessed on the land during the period of classification or the ten year period immediately preceding the date on which the land is withdrawn from the classification, whichever is lesser, and (2) interest on the property taxes at the rate of ten percent simple interest per year, and (3) for land that was originally classified after June, 30, 2006, a penalty amount of one hundred dollars per withdrawal plus fifty dollars per acre, unless an amount is established by rule by the Natural Resources Commission. IC 6-1.1-6-24.

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Tax incentive specifically for providing access: 

Indiana has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Indiana does have tax incentives for land subject to conservation easements.
Statute: IC 32-23-5-8.

Valuation: Real property that is subject to a conservation easement shall be assessed and taxed on a basis that reflects the easement.

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Income Tax: 

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

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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

Cunningham v. Bakker Produce, Inc. 712 N.E.2d 1002

-By denying certain persons legal recourse for personal injury or property damage, the Indiana Recreational Use Statute is in derogation of common law and must accordingly be strictly construed against limiting the claimant's right to bring suit.
-Indiana Recreational Use Statute shielded owner of unimproved parcel from liability for injuries to six-year-old child who was struck on head by tree limb, previously cut down by owner, that child and older brothers were attempting to move prior to playing baseball; injuries resulted from acts of child's brothers in moving limb so they could play baseball in exactly same area where they had previously played, not from any negligence on owner's part.