Wyoming

Recreational Use/Recreational Trespass Laws

W.S.1977 34-19-101 through 34-19-107

§ 34-19-101. Definitions

(a) As used in this act:
(i) "Land" means land, including state land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(ii) "Owner" means the possessor of a fee interest, a tenant, lessee, including a lessee of state lands, occupant or person in control of the premises;
(iii) "Recreational purpose" includes, but is not limited to, any one (1) or more of the following: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports and viewing or enjoying historical, archaeological, scenic or scientific sites;
(iv) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land;
(v) "This act" means W.S. 34-19-101 through 34-19-106.

§ 34-19-102. Landowner's duty of care or duty to give warnings

Except as specifically recognized by or provided in W.S. 34-19-105, 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 recreational purposes.

§ 34-19-103. Limitations on landowner's liability

(a) Except as specifically recognized by or provided in W.S. 34-19-105, an owner of land who either directly or indirectly invites or permits without charge any person to use the land for recreational purposes or a lessee of state lands does not thereby:
(i) Extend any assurance that the premises are safe for any purpose;
(ii) Confer upon the person using the land the legal status of an invitee or licensee to whom a duty of care is owed;
(iii) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of the person using the land

§ 34-19-105. When landowner's liability not limited

(a) Nothing in this act limits in any way any liability which otherwise exists:
(i) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity, except an owner whose land is adjacent to a national scenic trail designated by the United States congress and who has conveyed an easement across his lands for purposes of a designated national scenic trail shall owe no duty of care to keep the adjacent lands safe or to give any warning of a dangerous condition, use, structure or activity on the adjacent lands. The installation of a sign, other form of warning or modification made to improve safety shall not create liability on the part of an owner of the adjacent land if there is no other basis for liability;
(ii) For injury suffered in any case where the owner of land charges the persons who enter or go on the land for recreational purposes, except that in the case of land leased to the state or a subdivision of this state, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.

§ 34-19-106. Duty of care, not created; duty of care of persons using land

(a) Nothing in this act shall be construed to:
(i) Create a duty of care or ground of liability for injury to persons or property;
(ii) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this act to exercise care in his use of the land and in his activities on the land, or from the legal consequences of failure to employ such care.

§ 34-19-107. User liability for damages

Any person using the land of another for recreational purposes, with or without permission, shall be liable for any damage to property, livestock or crops which may be caused by the person while on the property.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: WYO. STAT. ANN §39-13-103(b)(x), Ad Valorem Taxation.

Method of Assessment: The taxable value is based on a portion of the full value; the fractional amount is 9.5% for agricultural property. Agricultural land is taxed based on the land’s productive capability under normal conditions.

Plan: N/A

Penalty: 18% interest for back taxes.

Current Use Taxation for open-space land: 

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

Tax incentive specifically for providing access: 

Wyoming has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Wyoming has tax incentives for land subject to conservation easements.

Statute: W.S. § 34-1-207.

Valuation: The real property tax imposed upon real property subject to a conservation easement shall not be less than the amount of the ad valorem tax for the property had it been levied and assessed based upon the taxable value of agricultural land of similar productive use and value

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Income Tax: 

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

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Hunter Access Program: 

Name of Program: Walk in Access

Number of Acres Enrolled: Over 1.6 million.

Participating landowners receive a monetary reward based on the number of deeded acres enrolled in the program. Conservation benefits are not currently collected.

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.

Case Law

Holland v. Weyher/Livsey Constructors, Inc., 1987, 651 F.Supp. 409

-Wyoming landowner immunity statutes, which provide that landowner owes no duty of care to keep premises safe for entry or use of others for recreational purposes, did not bar action arising from minor's injury in industrial site, although minor entered site to play.

Madsen v. Wyoming River Trips, Inc., 1999, 31 F.Supp.2d 1321

-Intent behind the Wyoming Recreational Safety Act was not to preclude parties from suing for a provider's negligence, it was merely to stop people from suing providers for those risks that were inherent to a sport; thus, cause of action still exists for negligence of the provider under the Act.
-Under Wyoming law, as predicted by the district court, in determining whether a particular risk is an “inherent risk” within meaning of the Wyoming Recreational Safety Act, the court must look to the specific facts of a case and to the abstract character of the risk.