Rhode Island

Recreational Use/Recreational Trespass Laws

Gen. Laws 1956. 32-6-1 through 32-6-6

§ 32-6-2. Definitions

As used in this chapter:

(1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land;

(2) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;

(3) “Owner” means the private owner possessor of a fee interest, or tenant, lessee, occupant, or person in control of the premises including the state and municipalities;

(4) “Recreational purposes” includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, horseback riding, bicycling, pleasure driving, nature study, water skiing, water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, and all other recreational purposes contemplated by this chapter; and

(5) “User” means any person using land for recreational purposes.

§ 32-6-3. Liability of landowner

Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby:

(1) Extend any assurance that the premises are safe for any purpose;

(2) Confer upon that person the legal status of an invitee or licensee to whom a duty of care is owed; nor

(3) Assume responsibility for or incur liability for any injury to any person or property caused by an act of omission of that person.

§ 32-6-5. Limitation on chapter

a) Nothing in this chapter limits in any way any liability which, but for this chapter, otherwise exists:

(1) For the willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity after discovering the user's peril; or

(2) For any injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for that lease shall not be deemed a “charge” within the meaning of this section.

(b) When the coastal resources management council designates a right-of-way as part of its designation process as specified in § 46-23-6(5), or when the coastal resources management council stipulates public access as a condition of granting a permit, the landowner automatically will have “limited liability” as defined in this chapter, except as specifically recognized by or provided in this section.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: The Farm, Forest, and Open Space Land Act, R.I. Gen. Laws §§ 44-27-3,4,5.

Method of Assessment: Current use farmland and forestland. Exemptions are also available for forestry.

Application: An application requiring a description of the land and a general description of its is required for agricultural land, forest land, and open space.

Plan Requirements:

(a) Agricultural land requires a current USDA Conservation Plan that is less than 10 years old or in process. This plan must be approved by the district or director.

(b) Forest land must be actively managed in accordance with the provision of a written forest management plan prepared by a qualified forester.

(c) Open Space does not require a written plan or active management. Land is assessed by the city or town.

Penalties: 44-5-39. Detailed land use change tax.
http://www.rilin.state.ri.us/Statutes/TITLE44/44-27/INDEX.HTM

Current Use Taxation for open-space land: 

Statute: RI ST §§ 44-27-1 – 44-27-13. Taxation of Farm, Forest, and Open Space Land.

Purpose of Assessment: General conservation and the prevention of forced conversion to more intensive uses. RI ST § 44-27-1.

Method of Assessment: The value assigned each class of current use lands is based on the land’s potential to produce crops, and is periodically updated to reflect changes in economic conditions. The community administers the open space process locally, so standards may vary widely.

Eligibility Requirements

Application: Required for all current use programs.

Renewal: Must submit a certificate to the tax assessor each year affirming that the land still qualifies for special assessment in the program in which it is enrolled.

Area Requirements: Open space must be a parcel of ten acres or more or be designated as open space in the comprehensive community plan. § 44-27-1(3). Farmland must be a parcel of at least five acres, and forestland must be a parcel of at least ten acres.

Plan Requirements: No written plan or management is required for open space, unlike other current use programs.

Unique or Functional Characteristics

Other Current Use Programs: Forestland (RI ST § 44-27-4), farmland (RI ST § 44-27-3).

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Tax incentive specifically for providing access: 

Rhode Island has no tax incentives to provide access.

Tax Incentive when land is subject to Conservation Easement: 

Rhode Island has no tax incentives for land subject to conservation easements.

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Income Tax: 

Rhode Island 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

Smiler v. Napolitano, 911 A.2d 1035 (2006)

-After discovering a recreational user in a position of peril, landowners must guard or warn against a dangerous condition, use, structure, or activity.
-To encourage landowners to open their property to the public for recreational use, Rhode Island's Recreational Use Statute limits landowners' liability for personal injuries sustained by the users of such properties.
-Recreational Use Statute applies to state and municipal property; amendment to statute clearly defined owner to include the “person in control of the premises including the state and municipalities.”
-The Recreational Use Statute modifies the common law to change the legal duty that owners owe to users of recreational property; this change from the common law treats users of public and private recreational properties as trespassers, thus reducing the duty of care owed to recreational users.

Hanley v. State, 837 A.2d 707 (2003)

-Recreational use statute afforded immunity to state-owned public park, regardless of when the property was made available to the public for recreational use. Gen.Laws 1956, § 32-6-1 et seq.)
-State was immune under recreational use statute from liability for injuries suffered by camper in fall that occurred while she was walking on roadway in a State park that was open for public use; camper did not allege willful or malicious conduct by the state.
-Existence of statutory immunity under recreational use statute does not depend upon the specific activity pursued by the plaintiff at the time of the plaintiff's injury, but rather, the inquiry should focus on the nature and scope of activity for which the premises are held open to the public; the goal is to determine the character of the premises, and if the premises qualify as being open to the public for recreational activity, the statute does not require a distinction to be made between plaintiffs depending upon the activity in which each was engaged at the time of the injury

Lacey v. Reitsma, 899 A.2d 455 (2006)

-Recreational use statute afforded immunity to state park where minor was injured while riding his bicycle, and willful or malicious exception to statutory immunity was not applicable because minor pointed to no evidence that the State discovered minor in a position of peril and then failed to warn him against the potentially dangerous condition.