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House File 2415 - IntroducedA Bill ForAn Act 1relating to private land available for public use for
2recreational purposes.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 461C.2, Code 2022, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 01. “Bicycle” means the same as defined in
4section 321.1 except the device may have any number of wheels.
5 Sec. 2. Section 461C.2, subsections 3 and 5, Code 2022, are
6amended to read as follows:
73. “Land” means private land that is one or any combination
8of the following: abandoned or inactive surface mines; caves;
9land used for agricultural purposes; marshlands; timber;
10grasslands; or the privately owned roads, portions of a
11railroad right-of-way or crossing incorporated into or used
12as part of a path or trail used for recreational purposes,
13 paths, trails, waters, water courses, exteriors and interiors
14of buildings, structures, machinery, or equipment appurtenant
15thereto. “Land” includes land that is not open to the general
16public. “Land” also includes private land located in a
17municipality in connection with and while being used for urban
18deer control.
195. “Recreational purpose” means the following or any
20combination thereof: hunting, trapping, horseback riding,
21fishing, swimming, boating, camping, picnicking, jogging,
22walking, hiking, pleasure driving, motorcycling, bicycle
23riding, all-terrain vehicle riding, nature study, water skiing,
24snowmobiling, other summer and winter sports, educational
25activities, and viewing or enjoying historical, archaeological,
26scenic, or scientific sites while going to and from or
27actually engaged therein. “Recreational purpose” includes
28the activity of accompanying another person who is engaging
29in such activities. “Recreational purpose” is not limited to
30active engagement in such activities, but includes entry onto,
31use of, passage over, and presence on any part of the land in
32connection with or during the course of such activities.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill relates to private land available for public use
2for recreational purposes. For purposes of Code chapter 461C,
3the bill defines “bicycle” to mean a device having at least one
4saddle or seat for the use of a rider that is propelled by human
5power or a low-speed electric bicycle, regardless of the number
6of wheels. The bill amends the definition of “land” to include
7the portions of a privately owned railroad right-of-way or
8crossing incorporated into or used as part of a path or trail
9used for recreational purposes. The bill amends the definition
10of “recreational purpose” to include jogging, walking, and
11bicycle riding.
12Code chapter 461C generally provides that a holder of land
13who makes the land available for a public recreational purpose
14without charge does not owe a duty of care to keep the premises
15safe for entry or use by others for a recreational purpose
16or urban deer control, or to give any warning of a dangerous
17condition, use, structure, or activity on such premises to
18persons entering for such purposes.
-2-js/ns
2recreational purposes.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 461C.2, Code 2022, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 01. “Bicycle” means the same as defined in
4section 321.1 except the device may have any number of wheels.
5 Sec. 2. Section 461C.2, subsections 3 and 5, Code 2022, are
6amended to read as follows:
73. “Land” means private land that is one or any combination
8of the following: abandoned or inactive surface mines; caves;
9land used for agricultural purposes; marshlands; timber;
10grasslands; or the privately owned roads, portions of a
11railroad right-of-way or crossing incorporated into or used
12as part of a path or trail used for recreational purposes,
13 paths, trails, waters, water courses, exteriors and interiors
14of buildings, structures, machinery, or equipment appurtenant
15thereto. “Land” includes land that is not open to the general
16public. “Land” also includes private land located in a
17municipality in connection with and while being used for urban
18deer control.
195. “Recreational purpose” means the following or any
20combination thereof: hunting, trapping, horseback riding,
21fishing, swimming, boating, camping, picnicking, jogging,
22walking, hiking, pleasure driving, motorcycling, bicycle
23riding, all-terrain vehicle riding, nature study, water skiing,
24snowmobiling, other summer and winter sports, educational
25activities, and viewing or enjoying historical, archaeological,
26scenic, or scientific sites while going to and from or
27actually engaged therein. “Recreational purpose” includes
28the activity of accompanying another person who is engaging
29in such activities. “Recreational purpose” is not limited to
30active engagement in such activities, but includes entry onto,
31use of, passage over, and presence on any part of the land in
32connection with or during the course of such activities.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill relates to private land available for public use
2for recreational purposes. For purposes of Code chapter 461C,
3the bill defines “bicycle” to mean a device having at least one
4saddle or seat for the use of a rider that is propelled by human
5power or a low-speed electric bicycle, regardless of the number
6of wheels. The bill amends the definition of “land” to include
7the portions of a privately owned railroad right-of-way or
8crossing incorporated into or used as part of a path or trail
9used for recreational purposes. The bill amends the definition
10of “recreational purpose” to include jogging, walking, and
11bicycle riding.
12Code chapter 461C generally provides that a holder of land
13who makes the land available for a public recreational purpose
14without charge does not owe a duty of care to keep the premises
15safe for entry or use by others for a recreational purpose
16or urban deer control, or to give any warning of a dangerous
17condition, use, structure, or activity on such premises to
18persons entering for such purposes.
-2-js/ns