SECOND REGULAR SESSION
HOUSE BILL NO. 965
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES RECTOR (Sponsor), HOBBS,
KELLY (144) AND RUPP (Co-sponsors).
Read 1st time January 7, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To repeal section 258.100, RSMo, and to enact in lieu thereof one new section relating to immunity from civil liability for certain landowners.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 258.100, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 258.100, to read as follows:
258.100. 1. As used in this section, the word "trail" means any land [previously used as a railroad right-of-way] which was acquired or utilized by the state for use as a public hiking, biking or recreational trail or any land or interest therein acquired or utilized hereafter by a [municipality or county] political subdivision for use as a public hiking, biking or recreational trail[, located in any county of the first classification which contains a city with a population of one hundred thousand or more inhabitants which adjoins no other county of the first classification, or in a county of the first classification with a population of over nine hundred thousand]. However, a trail not acquired by the state must be designated by the governing body of the [municipality or county] political subdivision as a greenway system of trails or part of a dedicated system of trails, the acquisition [deed] conveyance whether by deed, easement, agreement, grant assignment, or reservation of rights to the [city or county] political subdivision must state the interest in the land is being granted for such purposes, the greenway system or dedicated system of trails must be designed exclusively for the purposes herein designated, and shall not include roads or streets, nor sidewalks, walkways or paths which are intended to connect neighborhoods for pedestrian traffic, such as common sidewalks or walkways.
2. Any person owning land adjoining the trail shall be immune from civil liability for injuries to person or property of persons trespassing or entering on such person's land without implied or expressed permission, invitation, or consent where:
(1) The person who was injured entered the land by way of the trail; and
(2) Such person was subsequently injured on lands adjoining the trail.
3. The immunity created by this section does not apply if the injuries were caused by:
(1) The intentional or unlawful act of the owner or possessor of such land; or
(2) The willful or wanton act of the owner or possessor of such land.