Public-domain · open source
OpenJurist

Ark. Code Ann. § 18-11-302

Definitions

Applied in 4 court decisions — leading case Carlton v. Cleburne County (1996)

Most recently applied in Moss v. United States (July 2018)

Acts 1965, No. 51, § 2; 1983, No. 168, §§ 1, 2; 1985, No. 959, § 1; A.S.A. 1947, § 50-1102; Acts 1991, No. 485, § 1; 2007, No. 677, § 1; 2013, No. 84, § 1; 2015, No. 1112, § 1.

As used in this subchapter:

(1) “Aviation” means taking off, flying, or landing an airplane or aircraft;

(2) “Charge” means an admission fee for permission to go upon or use the land, but does not include: The sharing of game, fish, or other products of recreational use; or

(3) Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use;

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

(5) “Malicious” means an intentional act of misconduct that the actor is aware is likely to result in harm.

(6) “Malicious” does not mean negligent or reckless conduct;

(7) “Owner” means the possessor of a fee interest, a tenant, lessee, holder of a conservation easement as defined in § 15-20-402, occupant, or person in control of the premises;

(8) “Public” and “person” includes the Young Men's Christian Association, Young Women's Christian Association, Boy Scouts of America, Girl Scouts of the United States of America, Boys and Girls Clubs of America, churches, religious organizations, fraternal organizations, and other similar organizations; and

(9) “Recreational purpose” includes, but is not limited to, any of the following or any combination thereof: Hunting;

(10) Fishing;

(11) Swimming;

(12) Boating;

(13) Camping;

(14) Picnicking;

(15) Hiking;

(16) Pleasure driving;

(17) Nature study;

(18) Water skiing;

(19) Winter sports;

(20) Spelunking;

(21) Aviation;

(22) Viewing or enjoying historical, archeological, scenic, or scientific sites; and

(23) Any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.