University of Vermont AAHS

Illinois Recreational Use Statute

ILLINOIS COMPILED STATUTES
CHAPTER 745. CIVIL IMMUNITIES
RECREATIONAL USE OF LAND AND WATER AREAS ACT

 

745 ILCS 65/1. [Short title; purpose]

Sec. 1. This Act shall be known and may be cited as the "Recreational Use of Land and Water Areas Act".

The purpose of this Act is to encourage owners of land to make land and water areas available to the public for recreational or conservation purposes by limiting their liability toward persons entering thereon for such purposes.

 

745 ILCS 65/2. [Definitions]

Sec. 2. As used in this Act, unless the context otherwise requires:

(a) "Land" includes roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.

(b) "Owner" includes the possessor of any interest in land, whether it be a tenant, lessee, occupant, the State of Illinois and its political subdivisions, or person in control of the premises.

(c) "Recreational or conservation purpose" means any activity undertaken for conservation, resource management, exercise, education, relaxation, or pleasure on land owned by another.

(d) "Charge" means an admission fee for permission to go upon the land, but does not include: the sharing of game, fish or other products of recreational use; or benefits to or arising from the recreational use; or contributions in kind, services or cash made for the purpose of properly conserving the land.

(e) "Person" includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes.

 

745 ILCS 65/3. [Landowner's duty of care; duty to warn of dangerous conditions]

Sec. 3. Except as specifically recognized by or provided in Section 6 [745 ILCS 65/6] of this Act, an owner of land owes no duty of care to keep the premises safe for entry or use by any person for recreational or conservation purposes, or to give any warning of a natural or artificial dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.

 

745 ILCS 65/4. [Effect of invitation or permission to use premises]

Sec. 4. Except as specifically recognized by or provided in Section 6 of this Act [745 ILCS 65/6], an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational or conservation 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 for or incur liability for any injury to person or property caused by an act or omission of such person or any other person who enters upon the land.

(d) Assume responsibility for or incur liability for any injury to such person or property caused by any natural or artificial condition, structure or personal property on the premises.

 

745 ILCS 65/5. [Application to lands leased to State or subdivisions thereof]

Sec. 5. Unless otherwise agreed in writing, the provisions of Sections 3 and 4 [745 ILCS 65/3 and 745 ILCS 65/4] of this Act are applicable to the duties and liability of an owner of land leased to the State or any subdivision thereof for recreational or conservation purposes.

 

745 ILCS 65/6. [Limits of immunity; wilful and wanton failure to guard or warn; lands subject to user fees]

Sec. 6. Nothing in this Act limits in any way any liability which otherwise exists:

(a) For willful and wanton failure to guard or warn against a dangerous condition, use, structure, or activity.

(b) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a subdivision thereof, any consideration received by the owner for such lease is not a charge within the meaning of this Section.

 

745 ILCS 65/7. [Construction]

Sec. 7. Nothing in this Act shall be construed to:

(a) Create a duty of care or ground of liability for injury to persons or property.

(b) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this Act to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.

 

Reviewed by AAHS in July 2001.


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