§ 321I.23 — Limitation of liability by public bodies and adjoining owners

Iowa § 321I.23

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 321I: ALL-TERRAIN VEHICLES

Text

1. The state, its political subdivisions, and the owners or tenants of property adjoining
public lands or the right-of-way of a public highway and their agents and employees owe
no duty of care to keep the public lands, ditches, or land contiguous to a highway or
roadway under the control of the state or a political subdivision safe for entry or use by
persons operating an all-terrain vehicle, or to give any warning of a dangerous condition,
use, structure, or activity on the premises to persons entering for such purposes, except
in the case of willful or malicious failure to guard or warn against a dangerous condition,
use, structure, or activity. The state, its political subdivisions, and the owners or tenants of
property adjoining public lands or the right-of-way of a public highway and their agents
and employees are not liable for actions taken to allow or facilitate the use of public lands,
ditches, or land contiguous to a highway or roadway except in the case of a willful or
malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
2. This section does not create a duty of care or ground of liability on behalf of the state,
its political subdivisions, or the owners or tenants of property adjoining public lands or the
§321I.23, ALL-TERRAIN VEHICLES 12
right-of-way of a public highway and their agents and employees for injury to persons or
property in the operation of all-terrain vehicles in a ditch or on land contiguous to a highway
or roadway under the control of the state or a political subdivision. The state, its political
subdivisions, andtheownersortenantsofpropertyadjoiningpubliclandsortheright-of-way
of a public highway and their agents and employees are not liable for the operation of an
all-terrain vehicle in violation of this chapter.