Mississippi

Recreational Use/Recreational Trespass Laws

Miss. Code. 89-2-1 through 89-2-27

§ 89-2-1. Purpose; effect of opening property to public use

The purpose of this chapter is to encourage persons to make available to the public land and water areas for outdoor recreational purposes. A lessee or owner who opens a land or water area to the public for outdoor recreational purposes shall not, by opening such land or water for such use:

(a) Be presumed to extend any assurance that such land or water area is safe for any purpose;

(b) Incur any duty of care toward a person who goes on the land or water area; or

(c) Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the land or water area.

The foregoing applies, whether the person going on the land or water area is an invitee, licensee, trespasser or otherwise.

§ 89-2-3. Definition

The term “outdoor recreational purposes” as used in this chapter shall include, but not necessarily be limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing and visiting historical, archaeological, scenic or scientific sites.

§ 89-2-5. Liability for willful injury

This chapter does not relieve any person of liability which would otherwise exist for deliberate, willful or malicious injury to persons or property. The provisions hereof shall not be deemed to create or increase the liability of any person.

§ 89-2-7. Application

The provisions of this chapter shall not apply if any fee is charged for entering or using any part of such land or water outdoor recreational area, or if any concession is operated on said area offering to sell or selling any item or product to persons entering thereon for recreational purposes. Said chapter shall not apply unless public notice of the availability of such lands for such public use shall have been published once annually in a newspaper of general circulation in the county where such lands are situated.

§ 89-2-21. Definitions

For the purposes of this article, the following words shall have the meanings ascribed herein, unless the context otherwise requires:

(a) “Land” or “premises” means all real property, waters and private ways, and all trees, buildings and structures which are located on such real property, waters and private ways.

(b) “Landowner” means the legal titleholder or owner of land or premises, and includes any lessee, occupant or any other person in control of such land or premises.

§ 89-2-23. Duty of care; warning

Except as provided for in Section 89-2-27, a landowner:

(a) shall owe no duty of care to keep land or premises safe for entry or use by others for hunting, fishing, trapping, camping, water sports, hiking or sightseeing; and

(b) shall not be required to give any warning to any person entering on land or premises for hunting, fishing, trapping, camping, water sports, hiking or sightseeing as to any hazardous conditions or uses of, or hazardous structures or activities on such land or premises.

§ 89-2-25. Permission to use land

Any landowner who gives permission to another person to hunt, fish, trap, camp, hike or sightsee upon land or premises shall not, by the sole act of giving such permission, be considered or construed to have:

(a) Extended any assurance that the premises are safe for such purposes;

(b) Caused the person to whom permission has been granted to be constituted the legal status of an invitee to whom a duty of care is owed; or

(c) Assumed responsibility or liability for any injury to such person or his property caused by any act of such person to whom permission has been granted, except as provided in Section 89-2-27.

§ 89-2-27. Circumstances supporting liability

This article shall not limit any liability which otherwise exists for:

(a) Willful or malicious failure to guard or warn against a hazardous condition, use, structure or activity;

(b) Injuries suffered in any case where permission to hunt, fish, trap, camp, hike, sightsee or engage in any other lawful activity was granted for a consideration other than the consideration, if any, paid to the landowner by the State of Mississippi, the federal government, or any other governmental agency; or

(c) Injuries to third persons or to persons to whom the landowner owed a duty to keep the land or premises safe or to warn of danger, which injuries were caused by acts of persons to whom permission to hunt, fish, camp, hike, sightsee or engage in any other lawful activity was granted.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: § MS Const. Art. 4, § 112. Equal taxation; property tax assessments Miss. Code Ann. Sec. 27-35-49 through 50 (Chapter 35 generally), assessment rates, classes of property (see § 27-35-4), exemptions from taxation (see Const. Art. 7, § 182).

Method of Assessment: Income approach for agriculture and soil productivity for forest lands.

Application: Burden is on landowner.

Penalties: No penalties because there is a duty to reapply every year.

Current Use Taxation for open-space land: 

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

Tax incentive specifically for providing access: 

Mississippi has no tax incentives to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

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

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Income Tax: 

Mississippi has a tax credit for the donation of land or conservation easements.

Statute: § 27-7-22.21.

Program: The state will give a tax credit worth 50% of the allowable transaction costs for the donation of land for specified conservation. “Specified conservation” is defined as the preservation of stream bank habitats, land of high biodiversity significance, or high protection urgency. The donation need not strictly be a conservation easement. It could also be a fee simple easement, mineral right, remainder of a future interest, or other interest in real property. The “allowable transaction costs” include the costs of appraisals and any surveys needed, legal fees, maintenance and monitoring fees, title review, and any document preparations of title searches/reviews.

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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

Dumas v. Pike County, Miss. (S.D.Miss. 1986) 642 F.Supp. 131

-Nothing in Mississippi statute providing that citizen shall have the right to engage in water sports in public waterways at their own risk relieved landowner of liability for maintaining a dangerous condition on his land.
-Provision of Mississippi statute entitled “Application of Chapter,” providing that chapter of statute protecting from liability, landowner who allowed his land to be used by public, would not be available unless public notice of availability of lands for public use was published once annually in newspaper of general circulation, and thus landowner's failure to comply with statutory notice provisions resulted in protections of statute not being available to him.