Maine

Recreational Use/Recreational Trespass Laws

14 M.R.S.A. 159-A

§ 159-A. Limited liability for recreational or harvesting activities

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
A. “Premises” means improved and unimproved lands, private ways, roads, any buildings or structures on those lands and waters standing on, flowing through or adjacent to those lands. “Premises” includes railroad property, railroad rights-of- way and utility corridors to which public access is permitted.
B. “Recreational or harvesting activities” means recreational activities conducted out-of-doors, including, but not limited to, hunting, fishing, trapping, camping, environmental education and research, hiking, recreational caving, sight-seeing, operating snow-traveling and all-terrain vehicles, skiing, hang-gliding, dog sledding, equine activities, boating, sailing, canoeing, rafting, biking, picnicking, swimming or activities involving the harvesting or gathering of forest, field or marine products. It includes entry of, volunteer maintenance and improvement of, use of and passage over premises in order to pursue these activities. “Recreational or harvesting activities” does not include commercial agricultural or timber harvesting.
C. “Occupant” includes, but is not limited to, an individual, corporation, partnership, association or other legal entity that constructs or maintains trails or other improvements for public recreational use.
2. Limited duty. An owner, lessee, manager, holder of an easement or occupant of premises does not have a duty of care to keep the premises safe for entry or use by others for recreational or harvesting activities or to give warning of any hazardous condition, use, structure or activity on these premises to persons entering for those purposes. This subsection applies regardless of whether the owner, lessee, manager, holder of an easement or occupant has given permission to another to pursue recreational or harvesting activities on the premises.

3. Permissive use. An owner, lessee, manager, holder of an easement or occupant who gives permission to another to pursue recreational or harvesting activities on the premises does not thereby:
A. Extend any assurance that the premises are safe for those purposes;
B. Make the person to whom permission is granted an invitee or licensee to whom a duty of care is owed; or
C. Assume responsibility or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted even if that injury occurs on property of another person.
4. Limitations on section. This section does not limit the liability that would otherwise exist:
A. For a willful or malicious failure to guard or to warn against a dangerous condition, use, structure or activity;
B. For an injury suffered in any case where permission to pursue any recreational or harvesting activities was granted for a consideration other than the consideration, if any, paid to the following:
(1) The landowner or the landowner's agent by the State; or
(2) The landowner or the landowner's agent for use of the premises on which the injury was suffered, as long as the premises are not used primarily for commercial recreational purposes and as long as the user has not been granted the exclusive right to make use of the premises for recreational activities; or
C. For an injury caused, by acts of persons to whom permission to pursue any recreational or harvesting activities was granted, to other persons to whom the person granting permission, or the owner, lessee, manager, holder of an easement or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
5. No duty created. Nothing in this section creates a duty of care or ground of liability for injury to a person or property.

6. Costs and fees. The court shall award any direct legal costs, including reasonable attorneys' fees, to an owner, lessee, manager, holder of an easement or occupant who is found not to be liable for injury to a person or property pursuant to this section.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: Title 36. Taxation, Part 2. Property Taxes, Chapter 105. Cities and Towns, Subchapter 10. Farm and Open Space Tax Law - §§ 1101-1121, and Subchapter 10-A. Current Use Valuation of Certain Working Waterfront Land - §§1131-1140-B.

Method of Assessment: Current use valuation for farmland, open space and working waterfront.

Application: Bburden on landowner to apply to assessor. See §§1103, 1133. Owner must submit a schedule in the first year he seeks classification under either category—specific requirements for each classification. The assessor will investigate and make determination based on a series of factors specific to the classification sought. See §§1109, 1137.

Renewal: Assessor determines each year whether parcel is still within classification (see §§1109, 1137).

Recapture Penalty: Any change in use disqualifying land for classification is subject to a penalty equal to the taxes that would have been assessed on the first day of April for the previous 5 tax years, or any lesser number of tax years starting with the year in which the property was first classified, preceding such withdrawal had such real estate been assessed in each of those years at its just value on the date of withdrawal less all taxes paid on that real estate over the preceding 5 years, and interest at the prevailing municipal rate from the date or dates on which those amounts would have been payable.

Current Use Taxation for open-space land: 

Statute: M.R.S.A. § 1106-A (1), Valuation Method.

Purpose of Assessment: To encourage the preservation of farmland and open space land. 36 M.R.S.A. § 1101.

Method of Assessment: Sale price that particular open space parcel would command in the marketplace if it were required to remain in the particular category or categories of open space land for which it qualifies under 36 M.R.S.A. § 1102 (6).

Eligibility Requirements

Application: Burden on landowner to apply to assessor initially. 36 M.R.S.A. §§ 1103, 1133. Owner must submit a schedule in the first year it seeks classification under either category (specific requirements for each classification), and assessor will investigate and make determination based on a series of factors specific to the classification sought. 36 M.R.S.A. §§ 1109, 1137.

Renewal: Burden on assessor to determine each year whether parcel is still within classification. 36 M.R.S.A. §§1109, 1137.

Area Requirements: Only for farmland (at least 5 contiguous acres), 36 M.R.S.A. § 1102 (4).

Plan Requirements: N/A

Unique or Functional Characteristics: N/A

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Tax incentive specifically for providing access: 

Maine does provide a tax incentive which specifically addresses access.

Statute: 36 M.R.S.A. § 1106-A (2), Alternative Valuation Method.

Purpose of Assessment: To encourage the preservation of farmland and open space land (36 M.R.S.A. § 1101).

Method of Assessment: Maine allows 25% additional reduction for open space land open to public access. The reduction also applies to “permanently protected open space” and “forever wild open space,” which garner an additional 30% and 70% property tax reduction, respectively.

Eligibility Requirements

Application: Burden on landowner to apply to assessor initially. 36 M.R.S.A. §§ 1103, 1133. Owner must submit a schedule in the first year it seeks classification under either category (specific requirements for each classification) and assessor will investigate and make determination based on a series of factors specific to the classification sought. 36 M.R.S.A. §§ 1109, 1137.

Renewal: Burden on assessor to determine each year whether parcel is still within classification. 36 M.R.S.A. §§1109, 1137.

Area Requirements: N/A

Plan Requirements: N/A

Unique or Functional Characteristics: N/A

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Tax Incentive when land is subject to Conservation Easement: 

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

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Income Tax: 

Maine has no tax credits or incentives for land donated as a conservation easement.

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Hunter Access Program: 

Name of Program: Accessing Private Land

Number of Acres Enrolled: All private land in Maine unless owner specifically denies access.

No data is collected on conservation benefits resulting from 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

Dickinson v. Clark (2001) Me., 767 A.2d 303

-Recreational Use Statute did not bar minor injured while operating log splitter from bringing negligent supervision of machinery claim against landowner, as statute only limited claims alleging premises liability, and minor did not allege failure to disclose hazardous activity on land.

Coffin v. Lariat Associates (2001) Me., 766 A.2d 1018

-A landowner owes a duty of reasonable care to provide safe premises to all persons lawfully on the land, and a duty to use ordinary care to ensure the premises are safe and to guard against all reasonably foreseeable dangers, in light of the totality of the circumstances.

Stanley v. Tilcon Maine, Inc. (1988) Me., 541 A.2d 951

-Limitation of liability under this section may apply to owners who manifest intent that property not be used for recreational purposes.
-This section precluded 14-year-old injured while tobogganing in sandpit from recovery for injuries from owner and operator of sandpit under attractive nuisance doctrine.
-Limitation of liability for recreational use created by this section applies to claim of minor entering or using land of another for recreational purposes.

Robbins v. Great Northern Paper Co. (1989) Me., 557 A.2d 614

-Lessee's payment of $95 per year to lessor, which represented a fee for lessee's right to use leased lot for certain purposes but which did not entitle him to a greater right than held by general public to pursue recreational activities on lands other than his lot, did not constitute “consideration” so as to fall within an exception to recreational immunity rule.