North Dakota

Recreational Use/Recreational Trespass Laws

NDCC 53-08-01 through 53-08006

§ 53-08-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Charge" means the amount of money asked in return for an invitation to enter or go upon the land.

2. "Land" includes all public and private land, roads, water, watercourses, and ways and buildings, structures, and machinery or equipment thereon.

3. "Owner" includes tenant, lessee, occupant, or person in control of the premises.

4. "Recreational purposes" includes any activity engaged in for the purpose of exercise, relaxation, pleasure, or education.

§ 53-08-02. Duty of care of landowner

Subject to the provisions of section 53-08-05, 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.

§ 53-08-03. Not invitee or licensee of landowner

Subject to the provisions of section 53-08-05, 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.

§ 53-08-05. Failure to warn against dangerous conditions--Charge to enter

This chapter does not limit in any way any liability that otherwise exists for:

1. Willful and malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or

2. Injury suffered in any case in which the owner of land:
(a) Charges the person for entry onto the land other than the amount, if any, paid to the owner of the land by the state; and
(b) The total charges collected by the owner in the previous calendar year for all recreational use of land under the control of the owner are more than: (1) Twice the total amount of property taxes imposed on the land for the previous calendar year; or (2) In the case of agricultural land, four times the total amount of property taxes imposed on the land for the previous calendar year.

§ 53-08-06. Duty of care or liability for injury

Nothing in this chapter may be construed as creating a duty of care or grounds of liability for injury to person or property. Nothing herein 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 that person's use of such land and in that person's activities thereon.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: N.D. CENT. CODE §57-02-27.2, 57-57-02.

Method of Assessment: Value per acre for forestry, soil productivity for ag. and wetlands.

Application: Yes, § 57-57-02.

Plan: Forestry plan can be established by state forester.

Current Use Taxation for open-space land: 

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

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Tax incentive specifically for providing access: 

North Dakota has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

North Dakota has no tax incentives for land subject to conservation easements.

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Income Tax: 

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

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Hunter Access Program: 

Name of Program: PLOTS (Private Land Open to Sportsmen). There are eight programs established under PLOTS: Working Lands Program, CRP Cost-sharing Program, Habitat Plots Program, Coverlocks, Wetland Reserve Program, Tree Planting Cost-sharing Program, Food Plots Program, and Private Forest Conservation Program.

Statute: § 20.1-02-27

Number of Acres Enrolled: 850,000 acres.

The North Dakota programs provide increased hunting areas for hunters and monetary incentives to landowners who allow access. Currently, data on conservation benefits is not being recorded.

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.

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Case Law

Cudworth v. Mid Continent Communications 380 F.3d 375

-North Dakota's recreational use immunity statute, as predicted by the Court of Appeals, did not condition statutory immunity on landowner's “opening” of property for public recreational use.
-Fact that portion of rope barrier across prairie road may have been illegal did not affect defendant's immunity from liability for conditions and structures on his land;
-North Dakota's recreational use immunity statute does not explicitly require that landowners open property to public use before receiving immunity, nor does it specify that immunity applies only where entrants are invitees or licensees.