Nevada

Recreational Use/Recreational Trespass Laws

N.R.S. 41.510

§ 41.510. Limitation of liability; exceptions for malicious acts if consideration is given or other duty exists

1. Except as otherwise provided in subsection 3, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty to keep the premises safe for entry or use by others for participating in any recreational activity, or to give warning of any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes.

2. Except as otherwise provided in subsection 3, if an owner, lessee or occupant of premises gives permission to another person to participate in recreational activities, upon his premises:

(a) He does not thereby extend any assurance that the premises are safe for that purpose or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.

(b) That person does not thereby acquire any property rights in or rights of easement to the premises.

3. This section does not:

(a) Limit the liability which would otherwise exist for:
(1) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.
(2) Injury suffered in any case where permission to participate in recreational activities was granted for a consideration other than the consideration, if any, paid to the landowner by the State or any subdivision thereof. For the purposes of this subparagraph, the price paid for a game tag sold pursuant to NRS 502.145 by an owner, lessee or manager of the premises shall not be deemed consideration given for permission to hunt on the premises.
(3) Injury caused by acts of persons to whom permission to participate in recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
(b) Create a duty of care or ground of liability for injury to person or property.

4. As used in this section, “recreational activity” includes, but is not limited to:

(a) Hunting, fishing or trapping;

(b) Camping, hiking or picnicking;

(c) Sightseeing or viewing or enjoying archaeological, scenic, natural or scientific sites;

(d) Hang gliding or paragliding;

(e) Spelunking;

(f) Collecting rocks;

(g) Participation in winter sports, including cross-country skiing, snowshoeing or riding a snowmobile, or water sports;

(h) Riding animals, riding in vehicles or riding a road or mountain bicycle;

(i) Studying nature;

(j) Gleaning;

(k) Recreational gardening; and

(l) Crossing over to public land or land dedicated for public use.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Nevada values agriculture based on its current use.

Statute: N.R.S. 361A.100–361A.160, NRS 361A.030 NRS 361A.

Method of Assessment: Current use value for agricultural land.

Application: Burden on owner to apply.

Penalty: If the county assessor is notified or otherwise becomes aware that a parcel or any portion of a parcel of real property which has received agricultural or open-space use assessment has been converted to a higher use, the county assessor shall add to the tax extended against that portion of the property on the next property tax statement the deferred tax, which is the difference between the taxes that would have been paid or payable on the basis of the agricultural or open-space use valuation and the taxes which would have been paid or payable for each year in which agricultural or open-space use assessment was in effect for the property during the fiscal year in which the property ceased to be used exclusively for agricultural use or approved open-space use and the preceding 6 fiscal years.

Current Use Taxation for open-space land: 

Statute: Nevada Revised Statutes, Title 32 — Revenue and Taxation, Chapter 361a Taxes on Agricultural Real Property and Open Space
Purpose of Assessment: Tax fairness (mandated by NV constitution at Art 10, § 1) and promoting agriculture and open-space. N.R.S. 361A.090.

Method of Assessment: If property is to be assessed as open-space real property, the county assessor determines its value for open-space use and assesses it for taxes to be collected in the ensuing fiscal year at 35% of that value. N.R.S. 361A.220.

Eligibility Requirements

Application: Burden on landowner to file application by June 1 of the first year for which current use status is sought. Land must be within an area classified under the zoning laws and subject to regulations designed to promote conservation, open space, and the protection of other natural and scenic resources. N.R.S. 361A.040; 361A.170. After receiving the petition, the county commissioners, or if the parcel is located within a city, the governing body of the city must consider the petition at a public hearing. N.R.S. 361A.200. The commission or governing body are permitted to weigh the benefit afforded by the parcel’s continuing use as an open space against the loss of revenue that would result from approving the petition. N.R.S. 361A.200. The body may also approve the application with respect to only part of the parcel, but in such a case the applicant may withdraw the entire application.

Renewal: Landowner does not need to reapply each year unless there is a change in ownership or a division of the property. N.R.S. 361A.190.

Area Requirements: Not required, but may be established locally.

Plan Requirements: Not required, but may be established locally.

Unique or Functional Characteristics

a) State law permits, but does not require governing bodies to develop criteria to use in deciding whether to approve an application, which may include requirements respecting public access and minimum acreage.

b) This is perhaps the only state that specifically outlines a cost-benefit-analysis for application approval. N.R.S. 361A.200.

c) The boards evaluating petitions are also entitled to set conditions on the approval of the application. Presumably, access issues would be a prime candidate.

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Tax incentive specifically for providing access: 

Nevada has no tax incentive to provide hunter access.

Other

Statute: N.R.S. 361.0605, 361A.170.

Purpose of Assessment: Tax fairness.

Method of Assessment: Privately owned parks are exempt from taxation when the park can be used by the public without being charged and there is an agreement with a local government. Areas where income is derived is excluded from the exemption.

Tax Incentive when land is subject to Conservation Easement: 

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

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Income Tax: 

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

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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

Frasure v. U.S., 2003, 256 F.Supp.2d 1180

-Although the Nevada recreational use statute does not specify what type of property is covered, the intent of the legislature is that the property should be rural, semi-rural, or nonresidential, so that it can be used for recreation.
-Under Nevada law as predicted by the district court, the test to determine whether a landowner willfully failed to guard or warn against a dangerous condition, as exception to immunity under the Nevada recreational use statute, asks whether the landowner had: (1) actual or constructive knowledge of the peril to be apprehended; (2) actual or constructive knowledge that injury is a probable, as opposed to a possible, result of the danger; and (3) conscious failure to act to avoid the peril.

Boland v. Nevada Rock and Sand Co., 1995, 894 P.2d 988, 111 Nev. 608

-All that is required for recreational use statute to apply is that the defendants be owners, lessees, or occupants of premises where plaintiff is injured, that land be of the type that legislature intended to be covered, and that plaintiff have been engaged in the type of activity which legislature intended to cover. N.R.S. 41.510.
-Commercial gravel pit which was described as “big piles of sand in the middle of flat nowhere” was the type of land intended to be covered by recreational use statute.
-To be covered by recreational use statute, property should be rural, semi-rural, or nonresidential so that it can be used for recreation.

Neal v. Bently Nevada Corp., 1991, 771 F.Supp. 1068

-Unless willful or malicious failure to guard or warn against dangerous condition can be shown, landowner does not owe duty even to inspect its rural, semirural or nonresidential property to persons who may enter thereon for recreational purposes.
-To determine landowner's constructive knowledge that rope swinging on his property existed and that conditions at site made rope swinging dangerous, court would use objective standard whether reasonable person under same or similar circumstances as those faced by the actor would be aware of the dangerous character of the conduct.
-Under Nevada law, for purpose of recreational use statute, “willful misconduct” is intentional wrongful conduct, done either with knowledge that serious injury to another will probably result, or with wanton or reckless disregard of possible results.

Ducey v. U.S., 1983, 713 F.2d 504

-Consideration exception to Nevada recreational use statute is not limited to situations involving strict charging of “fee” for “permission” to recreate.
-Consideration, within meaning of consideration exception to Nevada recreational use statute, must be tendered directly or indirectly to person who has power to grant or deny permission to participate in recreational activities.