Tennessee

Recreational Use/Recreational Trespass Laws

T.C.A. 70-7-101 through 70-7-105; 11-10-101 through 11-10-105

§ 70-7-101. Definitions

As used in this part, unless the context otherwise requires:

(1)(a) “Land” or “premises” means and includes all real property, waters, private ways, trees and any building or structure that might be located on real property, waters and private ways;
(b) “Land” or “premises” includes real property, waters, private ways, trees and any building or structure located on the land or premises, owned by any governmental entity, including, but not limited to, the Tennessee valley authority; and
(c) “Land” or “premises” does not include the landowner's principal place of residence and any improvements erected for recreational purposes that immediately surround such residence, including, but not limited to, swimming pools, tennis or badminton courts, barbecue or horse shoe pits, jacuzzis, hot tubs or saunas;

(2)(a) “Landowner” means the legal title holder or owner of such land or premises, or the person entitled to immediate possession of the land or premises, and includes any lessee, occupant or any other person in control of the land or premises; and
(b) “Landowner” includes any governmental entity.

§ 70-7-102. Landowners; safety; duty of care

The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for such recreational activities as hunting, fishing, trapping, camping, water sports, white water rafting, canoeing, hiking, sightseeing, animal riding, bird watching, dog training, boating, caving, fruit and vegetable picking for the participant's own use, nature and historical studies and research, rock climbing, skeet and trap shooting, skiing, off-road vehicle riding, and cutting or removing wood for the participant's own use, nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in § 70-7-104.

§ 70-7-103. Landowners; permission; duty of care

Any landowner, lessee, occupant, or any person in control of the land or premises or such person's agent who gives permission to another person to hunt, fish, trap, camp, engage in water sports, participate in white water rafting or canoeing, hike, sightsee, ride animals, bird watch, train dogs, boat, cave, pick fruit and vegetables for the participant's own benefit, engage in nature and historical studies and research, climb rocks, shoot skeet and trap, ski, ride off-road vehicles, and cut and remove wood for the participant's own use upon such land or premises does not by giving such permission:

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

(2) Constitute the person to whom permission has been granted to legal status of an invitee to whom a duty of care is owed; or

(3) Assume responsibility for or incur liability for any injury to such person or purposely caused by any act of such person to whom permission has been granted except as provided in § 70-7-104.

§ 70-7-104. Liability; applicability

This part does not limit the liability that otherwise exists for:

(1) Gross negligence, willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity; or

(2) Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, sightsee, cave, or any other legal purpose was granted, to third persons or to persons to whom the person granting permission, or the landowner, lessee, occupant, or any person in control of the land or premises, owed a duty to keep the land or premises safe or to warn of danger.

§ 70-7-105. Duty of care; waiver

Any person eighteen (18) years of age or older entering the land of another for the purpose of camping, fishing, hunting, hiking, dog training, or cutting or removing firewood for such person's use for a consideration may waive in writing the landowner's duty of care to such person for injuries that arise from camping, fishing, hunting, hiking, dog training, or cutting or removing firewood for such person's use, if such waiver does not limit liability for gross negligence, or willful or wanton conduct, or for a failure to guard or warn against a dangerous condition, use, structure or activity.

NOTE: 11-10-101 through 11-10-105 deals with lands leased to the state or state subdivision, or with easements.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: Agricultural, Forest and Open Space Land Act of 1976 ("Greenbelt Law"); T. C. A. § 67-5-1001 through 1011. § 67-5-1008.

Method of Assessment: (Sec. 67-5-1008 T.C.A.) Agricultural, Forest and Open Space Lands are assessed using a formula based on current use.

Application: Application required.

Plan Requirements: In determining whether any land is forest land, the tax assessor shall take into account, among other things, the acreage of such land, the amount and type of timber on the land, the actual and potential growth rate of the timber, and the management practices being applied to the land and to the timber on it.

Penalties: A portion of the tax savings attributable to an open space or forest land classification is recaptured when property is converted to a nonqualifying use. Upon conversion, the tax assessor must (1), compute the difference in the present use value assessment and the value assessment using general valuation provisions for each of the preceding three years for forest land or five years for open space land and (2), notify the county trustee of the amount of "rollback taxes" payable by virtue of the conversion. If the converted land constitutes only a portion of a parcel classified as open space or forest land, the assessor apportions the assessment of the parcel and enters the apportioned amount as a separately assessed parcel on the assessment roll. The apportionment is made for each of the years to which rollback taxes apply.

Current Use Taxation for open-space land: 

Statute: Agricultural, Forest and Open Space Land Act of 1976 ("Greenbelt Law"); T. C. A. § 67-5-1001 - 1011.

Purpose of Assessment: Tax fairness, conservation, promoting the use and enjoyment of land, including study and enjoyment of natural areas.

Method of Assessment: A parcel of land classified by the assessor as agricultural, forest or open space land shall be valued by dividing three into the sum of two times the use value as defined in this subsection, plus the farm land value as defined in this subsection. Use value shall be determined by dividing the annual agricultural income estimate for such parcel (as determined by the division of property tax assessment) by the capitalization rate as determined herein. The annual agricultural income estimate for a parcel of open space land is the same as that for the least productive type of agricultural land. The assessor will appraise the land and compute the taxes each year based upon the twenty-five percent (25%) of appraised value applicable to property in the farm classification and present use value. T.C.A. § 67-5-1001.

Eligibility Requirements

Application: Burden on owner to apply by March 1 of the first year for which current use valuation is sought. The parcel must be at least 3 acres and be of the character that would tend to provide the public with one or more of the benefits described in T.C.A. § 67-5-1002, which lists various conservation, recreation, and anti-sprawl interests. This may include recreational lands. T.C.A. § 67-5-1002(7).

Renewal: Not required unless there is a change in ownership.

Area Requirements: Open space parcels must be between 3-1500 acres.

Unique or Functional Characteristics

(a) Very clearly and emphatically explains the reason for the 1500 acre limit per taxpayer, and covers other scenarios that might be used to circumvent this limitation.
T.C.A. § 67-5-1003 (3).

(b) Current use valuation for open space may be based on the parcel’s classification in a comprehensive plan or may be sought regardless of the parcel’s classification.
T.C.A. § 67-5-1007.

(c) The elaborate formula described above is used only by the county assessor for determining FMV and CU value schedules at the local level, which are then applied to the parcels individually. This application yields an estimate of the current use value, which is then taxed at 25%.

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Tax incentive specifically for providing access: 

Tennessee has a tax incentive which encourages access. To be eligible for an open space tax deduction for forested parcels, the parcels must be open to the public.

Statute: Agricultural, Forest and Open Space Land Act of 1976 ("Greenbelt Law"); T. C. A. § 67-5-1001 - 1011.

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Tax Incentive when land is subject to Conservation Easement: 

Statute: T. C. A. § 66-9-308 (a)(1), (2).

Valuation: When a conservation easement is held by a public body or exempt organization for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the conservation easements. The value of the easement interest held by the public body or exempt organization shall be exempt from property taxation to the same extent as other public property.

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Income Tax: 

Tennessee 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

Shaver v. Tennessee Valley Authority, 1982, 565 F.Supp. 12

-Recreational user of property owned by Tennessee Valley Authority could not recover from the Authority for injuries sustained when boulders fell on him during a rockslide while he was fishing, because Tennessee landowner liability statute provided that a landowner owed no duty of care to keep land safe for entry or use by others for fishing, recreational user could not assert the status of invitee to confer duty upon the Authority, and there was no evidence that Authority's conduct was willful or malicious.

Sumner v. U.S., 1992, 794 F.Supp. 1358

-Where personal injury occurred in rear area of United States military base which was open to public recreation use, applicable standard of care was that found in state's recreational use statute.

Cagle v. U.S., 1991, 937 F.2d 1073

-Under Tennessee's recreational use statute, absent “willful or malicious” conduct, landowner otherwise shielded by statute does not waive immunity simply by inspecting his property.
-Section of Tennessee's recreational use statute providing that statute does not limit liability for injury caused by persons granted permission to recreate was drafted to prevent statute from being used as shield by third-party tort-feasor who, while on landowner's property with landowner's permission, injures someone else on landowner's property.
-Provision in Tennessee's recreational use statute stating that statute does not limit liability for injury caused by acts of persons who have been granted permission to recreate did not deprive Government of immunity for injuries caused to child in national park by other children who were playing on cannon while injured child was under it; statute would not be read to subject landowners to tort liability if they did not monitor conduct of recreational users of their land and actively supervise actions of such users.

Parent v. State, 1999, 991 S.W.2d 240

-State could raise recreational use statute as a defense to cause of action brought by seven-year-old bicyclist and his family, alleging that state's negligence in creating or maintaining state park bike trail caused bicyclist's injuries.

Bishop v. Beckner, 2002, 109 S.W.3d 725

-Landowner's failure to place a “no trespassing” sign on boundary of her property, or to place warning sign outside cave located on her property, did not amount to grossly negligent behavior such as would trigger exception to immunity defense set forth in Recreational Use Statutes, and thus landowner was immune from liability in action arising from death of child who fell from ledge in cave.