SENATE BILL 77
54th legislature - STATE OF NEW MEXICO - first session, 2019
William P. Soules
RELATING TO LANDOWNER LIABILITY; LIMITING LIABILITY OF LANDOWNERS PERMITTING PERSONS TO EXPLORE CAVES ON PRIVATE PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 17-4-7 NMSA 1978 (being Laws 1967, Chapter 6, Section 1, as amended) is amended to read:
"17-4-7. LIABILITY OF LANDOWNER PERMITTING PERSONS TO HUNT, FISH OR USE LANDS FOR RECREATION--DUTY OF CARE-- EXCEPTIONS.--
A. Any owner, lessee or person in control of lands who, without charge or other consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency, grants permission to any person or group to use the owner's, lessee's or land controller's lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing, the operation of aircraft, cave exploring or any other recreational use does not thereby:
(1) extend any assurance that the premises are safe for such purpose;
(2) assume any duty of care to keep such lands safe for entry or use;
(3) assume responsibility or liability for any injury or damage to or caused by such person or group; or
(4) assume any greater responsibility, duty of care or liability to such person or group than if permission had not been granted and the person or group were trespassers.
B. This section shall not limit the liability of any landowner, lessee or person in control of lands that may otherwise exist by law for injuries to any person granted permission to hunt, fish, trap, camp, hike, sightsee, operate aircraft, explore caves or use the land for recreation in exchange for a consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency.
C. For the purposes of this section, "cave" means a natural, geologically formed void or cavity beneath the surface of the earth, but does not mean a mine, tunnel, aqueduct or other manmade excavation."