§ 37-729 — Terms, defined

Nebraska § 37-729

• Jurisdiction: Nebraska
• Ch. 37: Game and Parks

Text

For purposes of sections 37-729 to 37-736 :
(1) Land includes roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment thereon when attached to the realty;
(2) Owner includes tenant, lessee, occupant, or person in control of the premises;
(3) Recreational purposes includes, but is not limited to, any one or any combination of the following: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, waterskiing, winter sports, and visiting, viewing, or enjoying historical, archaeological, scenic, or scientific sites, or otherwise using land for purposes of the user; and
(4) Charge means the amount of money asked in return for an invitation to enter or go upon the land.

Legislative History

Source: Laws 1965, c. 193, § 8, p. 590; R.S.1943, (1993), § 37-1008; Laws 1998, LB 922, § 343. Annotations: 1. Recreational purposes 2. Owners 3. Miscellaneous 1. Recreational purposes A lake owners' association, and not its members who owned homes within the association, owned the lake, and thus, a cause of action by a member's guest against a member and her parents for an alleged failure to warn of the dangerous condition of the lake was not one for premises liability; therefore, Nebraska's Recreation Liability Act did not apply to bar recovery against the member for catastrophic injuries sustained when the guest dove into the lake from the member's pontoon. Hodson v. Taylor, 290 Neb. 348, 860 N.W.2d 162 (2015). Spectating at a youth football game is not a recreational purpose under this section. Iodence v. City of Alliance, 270 Neb. 59, 700 N.W.2d 562 (2005). The viewing of livestock exhibits at a county fair is not a recreational purpose under subsection (3) of this section. Dykes v. Scotts Bluff Cty. Ag. Socy., Inc., 260 Neb. 375, 617 N.W.2d 817 (2000). A city park which provides camping, picnic, and sports facilities is a recreational facility within the meaning of the act. Garreans v. City of Omaha, 216 Neb. 487, 345 N.W.2d 309 (1984). Plaintiff's actions in eating a meal with her family on the courthouse lawn during annual historic celebration constituted picnicking and thus recreational purposes within the meaning of subdivision (3) of this section. Bronsen v. Dawes County, 14 Neb. App. 82, 704 N.W.2d 273 (2005). 2. Owners The members of a lake owners' association had no control over the lake and, thus, were not occupants of the lake, as required for a cause of action brought by a member's guest for an alleged failure to warn of the dangerous condition of the lake to sound in premises liability; therefore, Nebraska's Recreation Liability Act did not apply to bar the guest's recovery against the member for catastrophic injuries sustained when the guest dove into the lake from the member's pontoon. Hodson v. Taylor, 290 Neb. 348, 860 N.W.2d 162 (2015). Recreation Liability Act, the provisions of which apply to urban as well as rural areas, is not limited to private persons; governmental subdivisions are "owners" within meaning of section 37-1003. Gallagher v. Omaha Public Power Dist., 225 Neb. 354, 405 N.W.2d 571 (1987). The term "owner," as used in the Recreation Liability Act, sections 37-1001 et seq., includes a political subdivision as well as a private person. The term "recreational purposes," as used in the Recreation Liability Act, sections 37-1001 et seq., is broad enough to include the normal activities afforded by public parks. Watson v. City of Omaha, 209 Neb. 835, 312 N.W.2d 256 (1981). 3. Miscellaneous Subsection (3) of this section is not unconstitutionally vague. Dykes v. Scotts Bluff Cty. Ag. Socy., Inc., 260 Neb. 375, 617 N.W.2d 817 (2000). Recreation Liability Act does not apply to independent indoor recreational facilities, including indoor swimming pools. Cassio v. Creighton University, 233 Neb. 160, 446 N.W.2d 704 (1989). In order to constitute a charge within the meaning of the act, money must be paid for the right to enter the facility. Garreans v. City of Omaha, 216 Neb. 487, 345 N.W.2d 309 (1984).