Michigan

Recreational Use/Recreational Trespass Laws

M.C.L. 324.73301

§ 324.73301. Liability of landowners for injuries to guests; gross negligence; willful and wanton misconduct; cause of action; definitions

Sec. 73301. (1) Except as otherwise provided in this section, a cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling, or any other outdoor recreational use or trail use, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.

(2) A cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of entering or exiting from or using a Michigan trailway as designated under part 721 [FN1] or other public trail, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee. For purposes of this subsection, a Michigan trailway or public trail may be located on land of any size including, but not limited to, urban, suburban, subdivided, and rural land.

(3) A cause of action shall not arise against the owner, tenant, or lessee of land or premises for injuries to a person who is on that land or premises for the purpose of gleaning agricultural or farm products, unless that person's injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.

(4) A cause of action shall not arise against the owner, tenant, or lessee of a farm used in the production of agricultural goods as defined by section 35(1)(h) of the former single business tax act, 1975 PA 228, or by section 207(1)(d) of the Michigan business tax act, 2007 PA 36, MCL 208.1207, for injuries to a person who is on that farm and has paid the owner, tenant, or lessee valuable consideration for the purpose of fishing or hunting, unless that person's injuries were caused by a condition which involved an unreasonable risk of harm and all of the following apply:

(a) The owner, tenant, or lessee knew or had reason to know of the condition or risk.

(b) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe, or to warn the person of the condition or risk.

(c) The person injured did not know or did not have reason to know of the condition or risk.

(5) A cause of action shall not arise against the owner, tenant, or lessee of land or premises for injuries to a person, other than an employee or contractor of the owner, tenant, or lessee, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products at a farm or “u-pick” operation, unless the person's injuries were caused by a condition that involved an unreasonable risk of harm and all of the following apply:

(a) The owner, tenant, or lessee knew or had reason to know of the condition or risk.

(b) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe, or to warn the person of the condition or risk.

(c) The person injured did not know or did not have reason to know of the condition or risk.

(6) As used in this section, “agricultural or farm products” means the natural products of the farm, nursery, grove, orchard, vineyard, garden, and apiary, including, but not limited to, trees and firewood.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Michigan does not have a current use statute.

Current Use Taxation for open-space land: 

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

Tax incentive specifically for providing access: 

Michigan has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

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

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Income Tax: 

Michigan has a tax credits for land subject to agricultural conservation easements and sustainable forest conservation easements.

Statute: M.C.L.A. 324.51201., M.C.L.A. 324.36109.

Valuation: An owner of farmland and related buildings subject to one or more development rights agreements or agricultural conservation easements or purchases of development rights who is required or eligible to file a return as an individual or a claimant under the state income tax act may claim a credit against the state income tax liability for the amount by which the property taxes on the land and structures used in the farming operation, including the homestead, restricted by the development rights agreements, agricultural conservation easements, or purchases of development rights exceed 3.5% of the household income.

Plan Requirement: Provides that the forestland subject to the conservation easement or the manager of the forestland subject to the conservation easement is and continues to be certified under a sustainable forestry certification program that uses independent third party auditors and that is recognized by the department. M.C.L.A. 324.51201(iii).

Access Requirement: Provides that the forestland subject to the conservation easement provides for the nonmotorized recreational use of the forestland by members of the public. M.C.L.A. 324.51201 (iv).

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Hunter Access Program: 

Name of Program: Hunting Access Program

Number of Acres Enrolled: 11,982

Some monetary compensation is available for landowners. Landowners are also free from liability. Currently, information on conservation benefits are not calculated.

Name of Program: Commercial Forest Lands

Number of Acres Enrolled: 2.2 million acres of privately owned forest land.

This program benefits hunters by opening otherwise unavailable private land to access. The only commercial activity allowed on the land is for forestry. Landowners pay a reduced general property tax price of $1.20/acre while the state of Michigan pays the county an additional $1.20/acre on behalf of the landowner.

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

Burnett v. Adrian 326 N.W.2d 810

-In action under recreational use statute, complaint adequately alleged claim for willful and wanton misconduct where complaint included allegation of facts essentially equivalent to assertion that city, in its acts and omissions, was indifferent to likelihood that catastrophe would come to member of public using lake, and such alleged indifference was essentially equivalent to willingness that such catastrophe occur.

Estate of Thomas v. Consumers Power Co. 231 N.W.2d 653

-Affirmed in part, reversed in part. Court’s construction of Michigan RTA upheld. Court held that Statute governing liability for injuries to gratuitous recreational users of land does not change the common-law duty of owners and occupiers of property owed to those who come upon such property as mere licensees.

Veeneman v. State 373 N.W.2d 193

-Negligence action brought by personal representative of decedent who was fatally injured when dune buggy in which he was riding overturned in state park was barred by governmental immunity, as State's operation of park was an activity which was expressly mandated or authorized by statute, and the activity was not proprietary in nature and did not come within any of the statutory exceptions to governmental immunity.