Nebraska

Recreational Use/Recreational Trespass Laws

Neb.Rev.St 37-729 through 37-736

§ 37-729 Terms, defined

For purposes of sections 37-729 to 37-736:

(1) Land includes roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment thereon when attached to the realty;

(2) Owner includes tenant, lessee, occupant, or person in control of the premises;

(3) Recreational purposes includes, but is not limited to, any one or any combination of the following: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, waterskiing, winter sports, and visiting, viewing, or enjoying historical, archaeological, scenic, or scientific sites, or otherwise using land for purposes of the user; and

(4) Charge means the amount of money asked in return for an invitation to enter or go upon the land.

§ 37-731 Landowner; duty of care

Subject to section 37-734, an owner of land owes no duty of care to keep the premises 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.

§ 37-732 Landowner; invitee; permittee; liability; limitation

Subject to section 37-734, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby (1) extend any assurance that the premises are safe for any purpose, (2) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

§ 37-734 Landowner; liability

Nothing in sections 37-729 to 37-736 limits in any way any liability which otherwise exists (1) for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity or (2) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land.

§ 37-735 Sections, how construed

Nothing in sections 37-729 to 37-736 creates a duty of care or ground of liability for injury to person or property.

§ 37-736 Obligation of person entering upon and using land

Nothing in sections 37-729 to 37-736 limits in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in his or her use of such land in his or her activities thereon.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Nebraska uses “special valuation” for agricultural land, not market value.

Statute: § Tax Equalization and Review Commission Act; NE ST § 77-1343 to 77-1348, Neb. Rev. St. § 77-201.

Method of Assessment: Valuation of agricultural land based on the market prices of other agricultural property.

Application: Yes (see NE ST § 77-1344).

Plan Requirements: N/A

Current Use Taxation for open-space land: 

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

Tax incentive specifically for providing access: 

Nebraska has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

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

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Income Tax: 

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

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Hunter Access Program: 

Name of Program: Open Fields and Water Program

Number of Acres Enrolled: As this program is relatively new, enrollment will not begin until autumn of 2009.

This program provides landowners with per-acre payment and protection under the Nebraska Recreation Liability Act for allowing access. No data on conservation benefits is 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

Cassio v. Creighton University, 1989, 233 Neb. 160, 446 N.W.2d 704.

-Recreational Liability Act does not apply to independent indoor recreational facilities, including indoor swimming pools.

Bronsen v. Dawes County, 2006, 722 N.W.2d 17, 272 Neb. 320

-Attendee of historical fur trade celebration, who stepped into a hole or depression in county courthouse lawn, fell, and broke her ankle, was "picnicking," which was a recreational purpose under Recreational Liability Act (RLA), and thus private entity that organized event was immune from liability under RLA for attendee's negligence claim; just prior to attendee's accident, she and her family obtained food and beverages for lunch, took those items to picnic table located on courthouse lawn, and sat and visited while consuming their food, and attendee was in process of disposing of trash associated with meal when accident occurred.
-Limited immunity afforded to owners of land by the Recreation Liability Act was intended to apply only to private landowners who make their property available to the public for recreational purposes, and not to governmental entities
-County, as a governmental entity, was not immune from liability, under the Recreation Liability Act, for injuries sustained by attendee of historical fur trade celebration, who stepped into a hole or depression in county courthouse lawn, fell, and broke her ankle.

Dykes v. Scotts Bluff County Agr. Soc., Inc., 2000, 617 N.W.2d 817, 260 Neb. 375

-Viewing of livestock exhibits at a county fair is not a "recreational purpose" for purposes of statute limiting liability of property owners for injuries to persons using property for recreational purposes.

Holden By and Through Holden v. Schwer, 1993, 242 Neb. 389, 495 N.W.2d 269

-Recreation Liability Act does not require landowner to fully dedicate his property to public before he comes under protection of Act, but, rather, in order to facilitate purpose of Act, landowner need allow only some members of public, on casual basis, to enter and use land for recreational purposes to enjoy protection of Act.