§ 53-08-05 — Failure to warn against dangerous conditions - Charge to enter

This chapter does not limit in any way any liability that otherwise exists for:
1. Willful and malicious failure to guard or warn against a dangerous condition, use,
structure, or activity; or
2. Injury suffered in any case in which the owner of land:
a. Charges the person for entry onto the land other than the amount, if any, paid to
the owner of the land by the state; and
b. The total charges collected by the owner in the previous calendar year for all
recreational use of land under the control of the owner are more than:
(1) Twice the total amount of property taxes imposed on the land for the
previous calendar year; or
(2) In the case of agricultural land, four times the total amount of property taxes
imposed on the land for the previous calendar year.