(1)Subject to the provision
of section 33-41-105, an owner of land who either directly or indirectly invites or
permits, without charge, any person to use such property for recreational purposes
does not thereby:
(a)Extend any assurance that the premises are safe for any purpose;
(b)Confer upon such person the legal status of an invitee or licensee to
whom a duty of care is owed;
(c)Assume responsibility or incur liability for any injury to person or property
or for the death of any person caused by an act or omission of such person.
(2)(a) To the extent liability is found, notwithstanding subsection (1) of this
section, the total amount of damages that may be recovered from a private
landowner who leases land or a portion thereof to a public entity for recreational
purpos
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(1) Subject to the provision
of section 33-41-105, an owner of land who either directly or indirectly invites or
permits, without charge, any person to use such property for recreational purposes
does not thereby:
(a) Extend any assurance that the premises are safe for any purpose;
(b) Confer upon such person the legal status of an invitee or licensee to
whom a duty of care is owed;
(c) Assume responsibility or incur liability for any injury to person or property
or for the death of any person caused by an act or omission of such person.
(2) (a) To the extent liability is found, notwithstanding subsection (1) of this
section, the total amount of damages that may be recovered from a private
landowner who leases land or a portion thereof to a public entity for recreational
purposes or who grants an easement or other rights to use land or a portion thereof
to a public entity for recreational purposes for injuries resulting from the use of the
land by invited guests for recreational purposes shall be:
(I) For any injury to one person in any single occurrence, the amount
specified in section 24-10-114 (1)(a)(I), C.R.S.;
(II) For an injury to two or more persons in any single occurrence, the amount
specified in section 24-10-114 (1)(a)(II), C.R.S.
(b) The limitations in this subsection (2) shall apply only when access to the
property is limited, to the extent practicable, to invited guests, when the person
injured is an invited guest of the public entity, when such use of the land by the
injured person is for recreational purposes, and only during the term of such lease,
easement, or other grant.
(c) Nothing in this subsection (2) shall limit, enlarge, or otherwise affect the
liability of a public entity.
(d) In order to ensure the independence of public entities in the management
of their recreational programs and to protect private landowners of land used for
public recreational purposes from liability therefor, except as otherwise agreed by
the public entity and a private landowner, a private landowner shall not be liable for
a public entity's management of the land or portion thereof which is used for
recreational purposes.
(e) As used in this subsection (2), unless the context otherwise requires:
(I) Invited guests means all persons or guests of persons present on the
land for recreational purposes, at the invitation or consent of the public entity, and
with or without permit or license to enter the land, and all persons present on the
land at the invitation or consent of the public entity or the landowner for business or
other purposes relating to or arising from the use of the land for recreational
purposes if the public entity receives all of the revenues, if any, which are collected
for entry onto the land. Invited guests does not include any such persons or
guests of any person present on the land for recreational purposes at the invitation
or consent of the public entity or the landowner if the landowner retains all or a
portion of the revenue collected for entry onto the land or if the landowner shares
the revenue collected for entry onto the land with the public entity. For the
purposes of this subparagraph (I), revenue collected for entry does not include
lease payments, lease-purchase payments, or rental payments.
(II) Land means real property, or a body of water and the real property
appurtenant thereto, or real property that was subject to mining operations under
state or federal law and that has been abandoned or left in an inadequate
reclamation status prior to August 3, 1977, for coal mining operations, or July 1,
1976, for hard rock mining operations, which is leased to a public entity or for which
an easement or other right is granted to a public entity for recreational purposes or
for which the landowner has acquiesced to public use of existing trails that have
historically been used by the public for recreational purposes. Land, as used in
this subsection (2), does not include real property, buildings, or portions thereof
which are not the subject of a lease, easement, or other right of use granted to a
public entity; except that land on which a landowner has acquiesced to public use
of existing trails that have historically been used by the public for recreational
purposes need not be subject to a lease, easement, or other right of use granted to
a public entity. Nothing in this subparagraph (II) shall be construed to create a
prescriptive easement on lands on which a landowner has acquiesced to public use
of existing trails that have historically been used by the public for recreational
purposes. The incidental use of such private property for recreational purposes
shall not establish or presume facts to support land use classification or zoning.
(II.5) Lease or leased includes a lease-purchase agreement containing an
option to purchase the property. Any lease in which a private landowner leases land
or a portion thereof to a public entity for recreational purposes shall contain a
disclosure advising the private landowner of the right to bargain for indemnification
from liability for injury resulting from use of the land by invited guests for
recreational purposes.
(II.7) Management means the entire range of activities, whether
undertaken or not by the public entity, associated with controlling, directing,
allowing, and administering the use, operation, protection, development, repair, and
maintenance of private land for public recreational purposes.
(III) Repealed.
(f) Nothing in this subsection (2) shall limit the protections provided, as
applicable, to a landowner under section 13-21-115, C.R.S.