Kansas

Recreational Use/Recreational Trespass Laws

K.S.A. 58-3201 through 58-3207

§ 58-3202. Limiting liability of property owners to persons entering premises for recreational purposes; definitions

As used in this act:

(a) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty and includes agricultural and nonagricultural land.

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

(c) "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, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites.

(d) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.

(e) "Agricultural land" means land suitable for use in farming and includes roads, water, watercourses and private ways located upon or within the boundaries of such agricultural land and buildings, structures and machinery or equipment when attached to such agricultural land.

(f) "Farming" means the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, grazing or the production of livestock.

(g) "Nonagricultural land" means all land other than agricultural land.

§ 58-3203. Limited liability of property owners; owner's duty of care

Except as specifically recognized by or provided in K.S.A. 58-3206 and amendments thereto, an owner of land who makes all or any part of the land available to the public for recreational purposes owes no duty of care to keep the premises, or that part of the premises 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 such premises to persons entering for such purposes. An owner of land who does take actions to keep the premises safe or to warn persons of a dangerous condition, use, structure or activity on the premises shall not be deprived of the protection which this law would provide had the owner not taken such actions or given such warning.

§ 58-3204. Same; owner's responsibility

Except as specifically recognized by or provided in K.S.A. 58-3206, and amendments thereto, an owner of land who either directly or indirectly invites or permits any person to use such property, or any part of such property, for recreational purposes or an owner of nonagricultural land who either directly or indirectly invites or permits without charge any person to use such property, or any part of such property, for recreational purposes does not thereby:

(a) Extend any assurance that the premises are safe for any purpose.

(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.

(c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

§ 58-3206. Same; nonapplication of act to certain liabilities

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

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

(b) For injury suffered in any case where the owner of nonagricultural land charges the person or persons who enter or go on the nonagricultural land for the recreational use thereof, except that in the case of nonagricultural land leased to the state or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.

§ 58-3207. Same; construction of act as to certain liabilities and obligations

Nothing in this act shall be construed to:

(a) Create a duty of care or ground of liability for injury to persons or property.

(b) Relieve any person using the land of another for recreational purposes from any obligation which such person may have in the absence of this act to exercise care in his or her use of such land and in his or her activities thereon, or from the legal consequences of failure to employ such care.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Kansas values each parcel of land devoted to agricultural use upon the basis of the agricultural income or productivity attributable to the inherent capabilities of such land in its current usage under a degree of management reflecting median production levels. Agriculture is defined as land devoted to agricultural use, but shall not include those lands which are used for recreational purposes other than land established as a controlled shooting area pursuant to K.S.A. 32-943.

Statute: Rules for Valuing Property KSA 79-503a, KS ST § 79-1476.

Method of Assessment: Income approach for agriculture and horticulture.

Application: Automatic enrollment.

Plan Requirements: N/A

Current Use Taxation for open-space land: 

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

Tax incentive specifically for providing access: 

Kansas has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

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

View all states with no tax incentives when land is subject to conservation easementHide all states with no tax incentives when land is subject to conservation easement
Income Tax: 

Kansas has no tax credits or incentives for the donation of land or 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: 

Name of Program: Kansas' Walk-In Hunting Access program (WIHA)

Number of Acres Enrolled: Over 1,000,000.

Landowners receive a modest payment in exchange for allowing public hunting access. Payments vary by the amount of acres enrolled and length of contract period. Although surveys are competed to determine hunter utilization, data on conservation benefits are not collected.

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

Bingaman v. Kansas City Power & Light Co., 1993, 1 F.3d 976

-Under Kansas Recreational Use Statute (RUS), landowner who bars public access to its property has not directly or indirectly invited or permitted public to use that property for recreational activities and thus is not entitled to immunity under statute. K.S.A. 58-3201 to 58-3207.
-In wrongful death action, issues of material fact existed as to whether power company invited or permitted public to use area of lake in which fisherman drowned, for purposes of determining whether company was covered by Kansas Recreational Use Statute (RUS), precluding summary judgment; although area may technically have been part of easement agreement allowing lake to be used by public for recreational purposes, testimony suggested that fishermen were routinely removed from area, and company conceded that it installed exclusionary buoys and fencing to keep public out of area.

Kan. Op.Atty.Gen. No. 2003-27

-Under the Land and Recreational Area Act, an owner of agricultural land may operate under statutory protection from liability for ordinary negligence whether or not a fee is charged for recreational use of the land, but an owner of nonagricultural land operates under this statutory protection only if a fee is not charged. "Recreational purpose" includes, but is not limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites.

Klepper v. City of Milford, Kansas, 1987, 825 F.2d 1440

-Term "willful," as used in Kansas recreational use statute, is defined as intentionally causing injury or doing wrong, rather than intentionally acting or failing to act in way that merely allows wrong to occur (K.S.A. 58- 3206).