CHAPTER 461C
PUBLIC USE OF PRIVATE LANDS AND WATERS

 
This chapter not enacted as a part of this title;

transferred from chapter 111C in Code 1993

  461C.1  Purpose.
  The purpose of this chapter is to encourage private owners of land to make land and water areas available to the public for recreational purposes and for urban deer control by limiting an owner’s liability toward persons entering onto the owner’s property for such purposes.
[C71, 73, 75, 77, 79, 81, §111C.1]
C93, §461C.1
2006 Acts, ch 1121, §1; 2007 Acts, ch 22, §84

  461C.2  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Charge” means any consideration, the admission price or fee asked in return for invitation or permission to enter or go upon the land.
  2.  “Holder” means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises; provided, however, holder shall not mean the state of Iowa, its political subdivisions, or any public body or any agencies, departments, boards, or commissions thereof.
  3.  “Land” means private land located in a municipality including abandoned or inactive surface mines, caves, and land used for agricultural purposes, including marshlands, timber, grasslands and the privately owned roads, water, water courses, private ways and buildings, structures and machinery or equipment appurtenant thereto.
  4.  “Municipality” means any city or county in the state.
  5.  “Recreational purpose” means the following or any combination thereof:  Hunting, trapping, horseback riding, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycling, nature study, water skiing, snowmobiling, other summer and winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites while going to and from or actually engaged therein.
  6.  “Urban deer control” means deer hunting with a bow and arrow on private land in a municipality, without charge, as authorized by a municipal ordinance, for the purpose of reducing or stabilizing an urban deer population in the municipality.
[C71, 73, 75, 77, 79, 81, §111C.2]
88 Acts, ch 1216, §46
C93, §461C.2
2006 Acts, ch 1121, §2, 3

  461C.3  Liability of owner limited.
  Except as specifically recognized by or provided in section 461C.6, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or urban deer control, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.
[C71, 73, 75, 77, 79, 81, §111C.3]
C93, §461C.3
2006 Acts, ch 1121, §4
Referred to in 

  461C.4  Users not invitees or licensees.
  Except as specifically recognized by or provided in section 461C.6, a holder of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes or urban deer control does not thereby:
  1.  Extend any assurance that the premises are safe for any purpose.
  2.  Confer upon such person the legal status of an invitee or licensee to whom the duty of care is owed.
  3.  Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
[C71, 73, 75, 77, 79, 81, §111C.4]
C93, §461C.4
2006 Acts, ch 1121, §5
Referred to in 

  461C.5  Duties and liabilities of owner of leased land.
  Unless otherwise agreed in writing, the provisions of sections 461C.3 and 461C.4 shall be deemed applicable to the duties and liability of an owner of land leased, or any interest or right therein transferred to, or the subject of any agreement with, the United States or any agency thereof, or the state or any agency or subdivision thereof, for recreational purposes or urban deer control.
[C71, 73, 75, 77, 79, 81, §111C.5]
C93, §461C.5
2006 Acts, ch 1121, §6

  461C.6  When liability lies against owner.
  Nothing in this chapter limits in any way any liability which otherwise exists:
  1.  For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
  2.  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 or for deer hunting, except that in the case of land or any interest or right therein, leased or transferred to, or the subject of any agreement with, the United States or any agency thereof or the state or any agency thereof or subdivision thereof, any consideration received by the holder for such lease, interest, right or agreement shall not be deemed a charge within the meaning of this section.
[C71, 73, 75, 77, 79, 81, §111C.6]
C93, §461C.6
2006 Acts, ch 1121, §7
Referred to in 

  461C.7  Construction of law.
  Nothing in this chapter shall be construed to:
  1.  Create a duty of care or ground of liability for injury to persons or property.
  2.  Relieve any person using the land of another for recreational purposes or urban deer control from any obligation which the person may have in the absence of this chapter to exercise care in the use of such land and in the person’s activities thereon, or from the legal consequences of failure to employ such care.
  3.  Amend, repeal or modify the common law doctrine of attractive nuisance.
[C71, 73, 75, 77, 79, 81, §111C.7]
C93, §461C.7
2006 Acts, ch 1121, §8

  461C.8  Urban deer control — municipal ordinance.
  1.  A municipality may adopt an ordinance authorizing trained, volunteer hunters to hunt deer with a bow and arrow on private land within the municipality, without charge, for the purpose of urban deer control.
  2.  The ordinance shall specify all of the following:
  a.  How a person qualifies to participate in urban deer control.
  b.  Where urban deer control can occur.
  c.  Conditions under which urban deer control can be conducted, which are intended to minimize the risk of injury to persons and property.
  3.  A hunter who participates in urban deer control pursuant to this section shall be otherwise qualified to hunt deer in this state, have a hunting license and pay the wildlife habitat fee, and obtain a special deer hunting license valid only for the dates, locations, and type of deer specified on the license. Special deer hunting licenses issued pursuant to this section shall be available only to residents and shall cost the same as deer hunting licenses issued during general deer seasons. The commission may establish procedures for issuing more than one license per person as necessary to achieve the purposes of urban deer control, and the cost of each additional license shall be ten dollars.
  4.  An urban deer control ordinance is not effective until it has been approved by the department of natural resources.
  5.  The department of natural resources shall adopt rules in accordance with chapter 17A necessary for the administration of this section.
2006 Acts, ch 1121, §9