LAND AND WATER RECREATIONAL AREAS

K.S.A. ch. 58, art. 32

in effect

K.S.A. 58-3201 Limiting liability of property owners to persons entering premises for recreational purposes.

58-3201. Limiting liability of property owners to persons entering premises for recreational purposes. The purpose of this act is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes. L. 1965, ch. 559, § 1; July 1. CASE ANNOTATIONS 1. Immunity from liability to high school athlete injured following based on recreational use (K.S.A. 75-6104) examined. Nichols v. U.S.D. No. 400, 246 Kan. 93, 94, 785 P.2d 986 (1990). 2. Act does not prevent K.S.A. 75-6104(o) from granting immunity for ordinary negligence when fees charged for use of public property. Gonzales v. Board of Shawnee County Comm'rs, 247 Kan. 423, 428, 429, 799 P.2d 491 (1990). 3. Whether utility permitted public to use lake area for KRUS (K.S.A. 58-3201 et seq.) immunity purposes in wrongful death action examined. Bingaman v. Kansas City Power and Light Co., 1 F.3d 976, 979 (1993).

K.S.A. 58-3202 Limiting liability of property owners to persons entering premises for recreational purposes; definitions.

58-3202. Limiting liability of property owners to persons entering premises for recreational purposes; definitions. As used in this act: (a) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty and includes agricultural and nonagricultural land. (b) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises. (c) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, noncommercial aviation activities and viewing or enjoying historical, archaeological, scenic, or scientific sites. (d) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land. (e) "Agricultural land" means land suitable for use in farming and includes roads, water, watercourses and private ways located upon or within the boundaries of such agricultural land and buildings, structures and machinery or equipment when attached to such agricultural land. (f) "Farming" means the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, grazing or the production of livestock. (g) "Nonagricultural land" means all land other than agricultural land. L. 1965, ch. 559, § 2; L. 1988, ch. 198, § 1; L. 2011, ch. 42, § 1; July 1. CASE ANNOTATIONS 1. Whether utility permitted public to use lake area for KRUS (K.S.A. 58-3201 et seq.) immunity purposes in wrongful death action examined. Bingaman v. Kansas City Power and Light Co., 1 F.3d 976, 979 (1993).

K.S.A. 58-3203 Limited liability of property owners; owner's duty of care.

58-3203. Limited liability of property owners; owner's duty of care. Except as specifically recognized by or provided in K.S.A. 58-3206 and amendments thereto, an owner of land who makes all or any part of the land available to the public for recreational purposes owes no duty of care to keep the premises, or that part of the premises so made available, safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on such premises to persons entering for such purposes. An owner of land who does take actions to keep the premises safe or to warn persons of a dangerous condition, use, structure or activity on the premises shall not be deprived of the protection which this law would provide had the owner not taken such actions or given such warning. L. 1965, ch. 559, § 3; L. 1995, ch. 167, § 1; April 27. Attorney General's Opinions: Protection from liability for recreational use of land; agricultural land versus nonagricultural land. 2003-27. CASE ANNOTATIONS 1. Whether utility permitted public to use lake area for KRUS (K.S.A. 58-3201 et seq.) immunity purposes in wrongful death action examined. Bingaman v. Kansas City Power and Light Co., 1 F.3d 976, 979 (1993).

K.S.A. 58-3204 Owner's responsibility.

58-3204. Owner's responsibility. Except as specifically recognized by or provided in K.S.A. 58-3206 , and amendments thereto, an owner of land who either directly or indirectly invites or permits any person to use such property, or any part of such property, for recreational purposes or an owner of nonagricultural land who either directly or indirectly invites or permits without charge any person to use such property, or any part of such property, for recreational 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 persons. L. 1965, ch. 559, § 4; L. 1988, ch. 198, § 2; L. 1995, ch. 167, § 2; April 27. Law Review and Bar Journal References: "The Immunity Provisions in the Kansas Tort Claims Act: The First Twenty-Five Years," William E. Westerbeke, 52 K.L.R. 939 (2004). Attorney General's Opinions: Protection from liability for recreational use of land; agricultural land versus nonagricultural land. 2003-27. CASE ANNOTATIONS 1. Act as not preventing K.S.A. 75-6104(o) from granting immunity for ordinary negligence when fees charged for use of public property determined. Gonzales v. Board of Shawnee County Comm'rs, 247 Kan. 423, 429, 799 P.2d 491 (1990). 2. Whether utility permitted public to use lake area for KRUS (K.S.A. 58-3201 et seq.) immunity purposes in wrongful death action examined. Bingaman v. Kansas City Power and Light Co., 1 F.3d 976, 979 (1993).

K.S.A. 58-3205 K.S.A. 58-3203 and 58-3204 applicable to duties of owner of land leased to state or subdivision.

58-3205. K.S.A. 58-3203 and 58-3204 applicable to duties of owner of land leased to state or subdivision. Unless otherwise agreed in writing, the provisions of K.S.A. 58-3203 and 58-3204 shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes. L. 1965, ch. 559, § 5; July 1. CASE ANNOTATIONS 1. Cited; whether utility permitted public to use lake area for KRUS (K.S.A. 58-3201 et seq.) immunity purposes in wrongful death action examined. Bingaman v. Kansas City Power and Light Co., 1 F.3d 976, 979 (1993).

K.S.A. 58-3206 Nonapplication of act to certain liabilities.

58-3206. Nonapplication of act to certain liabilities. Nothing in this act limits in any way any liability which otherwise exists: (a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. (b) For injury suffered in any case where the owner of nonagricultural land charges the person or persons who enter or go on the nonagricultural land for the recreational use thereof, except that in the case of nonagricultural land leased to the state or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section. L. 1965, ch. 559, § 6; L. 1988, ch. 198, § 3; July 1. Attorney General's Opinions: Protection from liability for recreational use of land; agricultural land versus nonagricultural land. 2003-27. CASE ANNOTATIONS 1. Term "willful" defined as intentionally causing injury; no waiver of immunity by undertaking to safeguard park users. Klepper v. City of Milford, Kansas, 825 F.2d 1440, 1447 (1987). 2. Whether utility permitted public to use lake area for KRUS (K.S.A. 58-3201 et seq.) immunity purposes in wrongful death action examined. Bingaman v. Kansas City Power and Light Co., 1 F.3d 976, 979 (1993).

K.S.A. 58-3207 Construction of act as to certain liabilities and obligations.

58-3207. Construction of act as to certain liabilities and obligations. 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 such person may have in the absence of this act to exercise care in his or her use of such land and in his or her activities thereon, or from the legal consequences of failure to employ such care. L. 1965, ch. 559, § 7; July 1. CASE ANNOTATIONS 1. Act as not preventing K.S.A. 75-6104(o) from granting immunity for ordinary negligence when fees charged for use of public property determined. Gonzales v. Board of Shawnee County Comm'rs, 247 Kan. 423, 429, 799 P.2d 491 (1990). Attorney General's Opinions: Recreational trails; requirements on responsible party; adjacent property owner, rights and remedies; annexation. 98-6.

K.S.A. 58-3208 Same; prohibition of easements.

58-3208. Same; prohibition of easements. Nothing in the provisions of K.S.A. 58-3201 et seq., and amendments thereto, shall be construed as the granting of an easement over such land by the owner thereof, nor as the granting of an easement over such land by adverse possession. L. 2012, ch. 154, § 2; July 1.

K.S.A. 58-3209, 58-3210 Reserved.

K.S.A. 58-3211 Definitions.

58-3211. Definitions. As used in this act: (a) "Adjacent property owner" means a person or entity, other than a responsible party, who owns property or facilities on or adjacent to a recreational trail. (b) "Recreational trail" means a trail created pursuant to subsection (d) of 16 U.S.C. 1247 (1983). (c) "Responsible party" means any person, for-profit entity, not-for-profit entity or governmental entity that is responsible for developing, operating or maintaining a recreational trail. L. 1996, ch. 223, § 1; July 1. Attorney General's Opinions: Recreational trails; requirements on responsible party; fencing; authority of county. 98-9. Enforcement of rails-to-trails provisions against responsible party by county discretionary. 2006-27. CASE ANNOTATIONS 1. Differential treatment of interim recreational trails in railbanked rights-of-way from other categories of recreational trails does not violate the constitutional provision. Board of Miami County Comm'rs v. Kanza Rail-Trails Conservancy, Inc., 292 Kan. 285, 255 P.3d 1186 (2011).

K.S.A. 58-3212 Duties of responsible party.

58-3212. Duties of responsible party. (a) The responsible party, at all times after transfer of the deed to the responsible party, shall: (1) Perform the duties imposed by K.S.A. 2-1314 and amendments thereto along the recreational trail; (2) provide for the safety, use and accessibility of existing easements, utility facilities and access licenses along the recreational trail; (3) provide for trail-user education and signs regarding trespassing laws and safety along the recreational trail; (4) provide for litter control and the enforcement of laws prohibiting littering along the recreational trail, including but not limited to trail-user education and signs about laws prohibiting littering and the provision of trash receptacles and the cleanup of trash and litter; (5) develop and maintain the recreational trail in a condition that does not create a fire hazard; (6) designate the recreational trail for nonmotorized vehicle use with exceptions only for motorized wheelchairs and maintenance, law enforcement and emergency vehicles; (7) prohibit hunting or trapping on or from the recreational trail; (8) provide for law enforcement along the recreational trail; (9) grant easements to adjacent property owners to permit such owners to cross the recreational trail in a reasonable manner consistent with the use of the adjacent property and with K.S.A. 66-301 through 66-303 , and amendments thereto; (10) (A) maintain any existing fencing between the trail and adjacent property; (B) maintain any future fencing installed between the trail and adjacent property; (C) install between the trail and adjacent property fencing corresponding in class to that maintained on the remaining sides of such adjacent property; and (D) on request of an adjacent property owner, pay one-half the cost of installing fencing between the trail and such property owner's adjacent property with a fence of the class requested by such property owner, if not all remaining sides of such property are fenced; and (11) (A) maintain the trail; (B) maintain all bridges, culverts, roadway intersections and crossings on the trail, essential to the reasonable and prudent operation of the trail or needed for drainage, flood control or the use of easements for crossing the trail between adjacent properties, or cause maintenance thereof by other parties that have assumed contractual responsibility therefor; and (C) install and maintain any warranted traffic signs on the trail. (b) If the responsible party is not a governmental entity, the responsible party shall file with the county clerk of each county where a portion of the recreational trail is or will be located a bond or proof of an escrow account in a Kansas financial institution, as defined by K.S.A. 16-117 and amendments thereto, payable to the county. The bond or proof of an escrow account shall be filed at the time of transfer of the deed to the responsible party and annually thereafter. The bond or escrow account shall be conditioned on the responsible party's performance, and shall be in an amount agreed upon between the responsible party and the county commission as sufficient to fully cover the annual costs, of: (1) Weed control along the trail, as required by subsection (a)(1); (2) litter control along the trail, as required by subsection (a)(4); (3) maintenance of the trail in a condition that does not create a fire hazard, as required by subsection (a)(5); (4) installation and maintenance of fencing between the trail and adjacent property within the county, as required by subsection (a)(10); and (5) installation and maintenance of signs along the trail, as required by subsections (a)(3), (a)(4) and (a)(11)(C). If separate bonds are submitted to or escrow accounts established for the various counties through which the trail transverses, the annual costs listed above shall be only for that portion of the trail located within the particular county that is the holder of the bond or beneficiary of the escrow. A responsible party may submit a single bond or escrow account with multiple counties respectively as coobligees or cobeneficiaries, but in that event the annual costs used in computation of the bond amount shall be for the entire trail length. (c) If the responsible party is not a governmental entity, the responsible party shall file with the county clerk of each county where a portion of the recreational trail is or will be located, proof of liability insurance in an amount agreed upon between the responsible party and the county commission as sufficient. Such proof shall be filed at the time of transfer of the deed to the responsible party and annually thereafter. (d) The provisions of this section shall apply to all recreational trails, regardless of when approval to enter into negotiations for interim trail use is or was received from the appropriate federal agency. (e) The provisions of this section may be modified or supplemented by any city governing body for recreational trails within the corporate limits of such city in the manner provided by K.S.A. 12-137 et seq. and amendments thereto. If a city governing body adopts requirements in addition to those provided by this section, the city shall pay all costs of compliance with such additional requirements. L. 1996, ch. 223, § 2; July 1. Attorney General's Opinions: Recreational trails; requirements on responsible party; adjacent property owner, rights and remedies; annexation. 98-6. Recreational trails; requirements on responsible party; fencing; authority of county. 98-9. CASE ANNOTATIONS 1. The act does not impose unique burden on interstate entities to benefit local competitors. Board of Miami County Comm'rs v. Kanza Rail-Trails Conservancy, Inc., 292 Kan. 285, 255 P.3d 1186 (2011). 2. A party responsible for a trail constructed under the Kansas recreational trails act has the privilege to enter an adjacent landowner's property when constructing fencing along the trail. Kansas Conservancy, Inc. v. Sides, 56 Kan. App. 2d 1099, 443 P.3d 337 (2019).

K.S.A. 58-3213 Procedures for development.

58-3213. Procedures for development. (a) Upon receipt of permission from the appropriate federal agency to enter into negotiations for interim trail use, the responsible party shall give written notice to each adjacent property owner that the responsible party intends to build a recreational trail adjacent to the property owner's property. The responsible party may utilize the addresses to which real estate tax statements are sent, as maintained by county officials, for such notices. Such notice shall be given by first-class mail unless the notice is returned undelivered, in which case a further notice shall be given by certified mail. Further notice shall be published once each week for three consecutive weeks in the official newspaper of the county in which such trail is proposed to be located. (b) Before commencing development or operation of a recreational trail, the responsible party shall: (1) Prepare a project plan that includes: (A) The name and address of the responsible party, (B) an itemized estimate of the costs of the project and sources of funding for the project, and (C) maps of the recreational trail; (2) submit by certified mail, not later than 180 days after receiving approval of interim trail use from the appropriate federal agency, the initial project plan to the county commission of each county where a portion of the trail is to be located outside of city limits and to the governing body of each city where a portion of the trail is to be located inside the city limits; (3) submit the final project plan to the county commission of each county where a portion of the trail is to be located outside of city limits and make subsequent reports to such county commission as to the status of trail development or operation, or both, at intervals determined by the commission and consider all recommendations the commission has regarding the trail; and (4) submit the final project plan to the governing body of each city where a portion of the trail is to be located inside the city limits and make subsequent reports to such city governing body as to the status of trail development or operation, or both, at intervals determined by the governing body and consider all recommendations the governing body has regarding the trail. (c) The responsible party shall complete development of a recreational trail within a period of time equal to two years times the number of counties in which the recreational trail is located. Such period of time shall begin only when the appeal period pursuant to subsection (d) of 16 U.S.C. 1247 (1983) has expired. Any time during which there is pending any court action challenging the development or use of the trail shall not be computed as part of the time limitation imposed by this subsection. (d) The provisions of this section shall apply to only recreational trails for which approval to enter into negotiations for interim trail use is received from the appropriate federal agency on or after the effective date of this act. L. 1996, ch. 223, § 3; L. 1996, ch. 252, § 1; July 1. CASE ANNOTATIONS 1. The party currently responsible for a trail has no obligation to comply with K.S.A. 58-3213 if the appropriate federal agency approved the railroad and potential responsible party for interim trail use before the Kansas recreational trail act's effective date. Kansas Conservancy, Inc. v. Sides, 56 Kan. App. 2d 1099, 443 P.3d 337 (2019).

K.S.A. 58-3214 Adjacent property owners; duty of care.

58-3214. Adjacent property owners; duty of care. An adjacent property owner has no duty of care to: (a) Any person using a recreational trail, except that this subsection shall not relieve an adjacent property owner from liability for injury to another that is a direct result of such property owner's gross negligence or willful or wanton misconduct; or (b) any person entering such adjacent property owner's land by way of the recreational trail without implied or expressed permission or consent of the adjacent property owner, except that this subsection shall not relieve an adjacent property owner from liability for injury to another that is a direct result of an intentional or unlawful act of the adjacent property owner. L. 1996, ch. 223, § 4; L. 2006, ch. 178, § 1; May 25.

K.S.A. 58-3215 Actions to enforce act; orders of court.

58-3215. Actions to enforce act; orders of court. If the responsible party fails to comply with the provisions of this act, any adjacent property owner, city or county aggrieved by the noncompliance may bring an action in the district court to enforce the provisions of this act. Upon a finding that the responsible party has failed to comply with the provisions of this act, the court may enter an order requiring the responsible party to comply with the provisions of this act. L. 1996, ch. 223, § 5; L. 2006, ch. 178, § 2; May 25. Attorney General's Opinions: Recreational trails; requirements on responsible party; adjacent property owner, rights and remedies; annexation. 98-6. Recreational trails; requirements on responsible party; fencing; authority of county. 98-9. Enforcement of rails-to-trails provisions against responsible party by county discretionary. 2006-27.

K.S.A. 58-3216 Severability.

58-3216. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. To this end the provisions of this act are severable. L. 1996, ch. 223, § 6; July 1. Law Review and Bar Journal References: "Hunting Liability in Kansas: Premises Liability and the Kansas Recreational Use Statute," John G. Pike and S. Charles Neill, 38 W.L.J. 831 (1999).

K.S.A. 58-3217 through 58-3220 Reserved.

K.S.A. 58-3221 Definitions.

58-3221. Definitions. As used in this act: (a) "Generally accepted operation practice" means those safety practices adopted, pursuant to rules and regulations, by the Kansas department of wildlife and parks and established by a nationally recognized nonprofit membership organization that provides voluntary firearms safety programs that include training individuals in the safe handling and use of firearms and that practices are developed with consideration of all information reasonably available regarding the operation of shooting ranges. (b) "Local unit of government" means a county, city, township or any other political subdivision of the state, or any agency, authority, institution or instrumentality thereof. (c) "Person" means an individual, proprietorship, partnership, corporation, club, governmental entity or other legal entity. (d) "Sport shooting range" or "range" means an area designed and operated for the use of archery, rifles, shotguns, pistols, semiautomatic firearms, skeet, trap, black powder or any other similar sport shooting. L. 2001, ch. 185, § 4; L. 2012, ch. 47, § 83; L. 2023, ch. 7, § 110; July 1.

K.S.A. 58-3222 Conformance to generally accepted operation practices; civil protection under act; application of law relating to noise control and nuisance.

58-3222. Conformance to generally accepted operation practices; civil protection under act; application of law relating to noise control and nuisance. (a) Notwithstanding any other provisions of law, and in addition to other protections provided in this act, a person who owns, operates, manages or uses a sport shooting range that conforms to generally accepted operation practices in the state is not subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances or resolutions that applied to the range and its operation at the time of construction and initial operation of the range. (b) In addition to any civil protection provided by the act, a person who owns, operates, manages or uses a sport shooting range that conforms to generally accepted operation practices is not subject to an action for nuisance, and a court of the state shall not enjoin or restrain the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances or resolutions that applied to the range and its operation at the time of construction or initial operation of the range. (c) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere do not apply to a sport shooting range immune from liability under this act. However, this subsection does not constrict the application of any provision of generally accepted operation practices. (d) A person who acquires title to real property adversely affected by the use of property with a permanently located and improved sport shooting range constructed and initially operated prior to the time the person acquires title shall not maintain a nuisance action on the basis of noise or noise pollution or based upon known or inherent dangers against the person who owns, operates or uses the range to restrain, enjoin, or impede the use of the range. This section does not prohibit actions for negligence or recklessness in the operation of the range. L. 2001, ch. 185, § 5; July 1.

K.S.A. 58-3223 Application of local law.

58-3223. Application of local law. (a) A sport shooting range that is operated and is not in violation of state law at the time of the enactment of an ordinance or resolution shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or resolution or amendment to an existing ordinance or resolution. (b) A sport shooting range that is in existence as of the effective date of this act and operates in compliance with generally accepted operation practices, even if not in compliance with an ordinance or resolution of a local unit of government, shall be permitted to do all of the following within its preexisting geographic boundaries if in compliance with generally accepted operation practices: (1) Repair, remodel or reinforce any improvement or facilities or building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or improvement; (2) reconstruct, repair, rebuild or resume the use of a facility or building damaged by fire, collapse, explosion, act of God or act of war occurring after the effective date of this act. The reconstruction, repair or restoration shall be completed within one year following the date of the damage or settlement of any property damage claim. If reconstruction, repair or restoration is not completed within one year as provided in this subsection, such reconstruction, repair or restoration may be terminated in the discretion of the local unit of government; or (3) do anything authorized under generally accepted operation practices, including, but not limited to: (A) Expand or enhance its membership or opportunities for public participation; and (B) reasonably expand or increase facilities or activities. L. 2001, ch. 185, § 6; July 1.

K.S.A. 58-3224 Regulation by local governments; taking of range for certain uses prohibited.

58-3224. Regulation by local governments; taking of range for certain uses prohibited. (a) Except as otherwise provided, the provisions of this act shall not prohibit a local unit of government from regulating the location and construction of a sport shooting range. (b) No person or governmental entity may take title to property which has a permanently located and improved sport shooting range, by condemnation, eminent domain or similar process when the proposed use of said property would be for shooting related activities or recreational activities or for private or commercial development. However, this provision does not limit governmental exercise of eminent domain or easement necessary for infrastructure additions or improvements, such as highways, waterways or utilities. L. 2001, ch. 185, § 7; July 1.

K.S.A. 58-3225 Rules and regulations.

58-3225. Rules and regulations. The secretary of wildlife and parks is hereby authorized to adopt rules and regulations necessary to implement the provisions of this act. L. 2001, ch. 185, § 8; L. 2012, ch. 47, § 84; L. 2023, ch. 7, § 111; July 1.

Source: Kansas Office of Revisor of Statutes (ksrevisor.gov)URL: https://www.ksrevisor.gov/statutes/ksa_ch58.htmlFetched: 10/20/2026