Ohio

Recreational Use/Recreational Trespass Laws

R.C. 1533.18 and R.C. 1533.181

§ 1533.18 Premises, recreational user, all-purpose vehicle defined

As used in sections 1533.18 and 1533.181 of the Revised Code:

(a) “Premises” means all privately owned lands, ways, and waters, and any buildings and structures thereon, and all privately owned and state-owned lands, ways, and waters leased to a private person, firm, or organization, including any buildings and structures thereon.

(b) “Recreational user” means a person to whom permission has been granted, without the payment of a fee or consideration to the owner, lessee, or occupant of premises, other than a fee or consideration paid to the state or any agency of the state, or a lease payment or fee paid to the owner of privately owned lands, to enter upon premises to hunt, fish, trap, camp, hike, or swim, or to operate a snowmobile, all-purpose vehicle, or four-wheel drive motor vehicle, or to engage in other recreational pursuits.

(c) “All-purpose vehicle” has the same meaning as in section 4519.01 of the Revised Code.

§ 1533.181 Exemption from liability to recreational users

(a) No owner, lessee, or occupant of premises:
(1) Owes any duty to a recreational user to keep the premises safe for entry or use;
(2) Extends any assurance to a recreational user, through the act of giving permission, that the premises are safe for entry or use;
(3) Assumes responsibility for or incurs liability for any injury to person or property caused by any act of a recreational user.

(b) Division (a) of this section applies to the owner, lessee, or occupant of privately owned, nonresidential premises, whether or not the premises are kept open for public use and whether or not the owner, lessee, or occupant denies entry to certain individuals.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: 5713.31, 5713.30-.38, 5713.22-.26.

Method of Assessment: Agricultural land is assessed based on its soil productivity. The Ohio Forest Tax Law provides a 50% real estate tax reduction (i.e. the local tax rate is reduced by 50%) on forest land that is managed for the purpose of timber production.

Application: Applications can be made for CAUV at county auditor's office, in which the property is located, between the first Monday in January and the first Monday in March.

Plan Requirements: Forest stewardship management plan must be approved by state forester (boundaries marked). Consultant may prepare this plan, but it must be approved by State Forestry Office. All forest land must be managed according to a forest stewardship management plan approved by the State Forester. Before the forest land can be certified, the owner must demonstrate the intent to engage in management by completing a prescribed forest practice. Min. Stocking Growth: 50 ft2 BA/A or 300 TPA. The owner shall follow all provisions of the plan which may include commercial cutting. Every five years the Division shall examine the forest to determine compliance with the Forest Stewardship Management Plan.

Penalties: Past 3 years taxes at the non-agricultural use are due.

Current Use Taxation for open-space land: 

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

Tax incentive specifically for providing access: 

Ohio has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Ohio does have a tax incentives for land subject to conservation easements.

Statute: Ohio Revised Code 5713.04>

Valuation: Each separate parcel of real property shall be valued at its taxable value, excluding the value of the crops, deciduous and evergreen trees, plants, and shrubs growing thereon, and taking into account the diminution in value as the result of the existence of any conservation easement created under sections 5301.67 to 530l.69 of the Revised Code. In valuing common open space property for tax purposes, the board of tax appeals must consider all the factors referred to in Revised Code 5713.03 and Revised Code 5705-3-07 when common open space is encumbered by zoning, deed restrictions, easements, and other such burdens.

View all states with tax incentives when land is subject to conservation easementHide all states with tax incentives when land is subject to conservation easement
Income Tax: 

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

View all states with no tax incentives for donation of land or conservation easement Hide all states with no tax incentives for donation of land or conservation easement
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

Moss v. DNR 62 Ohio St.2d 138

-Term “premises” as used in statutes granting owner, lessee or occupier of premises immunity from suit by recreational user who pays no fee includes state-owned lands.
-Where recreational user of state-owned lands pays fee or consideration for such use, state is not immune from liability.
-A person is not a “recreational user” as defined in statutes granting owner, lesser, or occupier of premises immunity from suit by recreational user of premises if such person pays a fee or consideration to enter upon the premises to engage in recreational pursuits.
-Parties who did not pay any fee or consideration to enter state-owned lands to engage in recreational pursuits were recreational users even though they made other purchases and state was immune from liability for injuries sustained by such parties.