This document is a bill proposed in the Twenty-Eight Legislature of the Virgin Islands to amend title 32 of the Virgin Islands Code to limit liability for public recreational use of private real property. The bill aims to encourage landowners to open their property to the public for non-commercial outdoor activities by limiting the owners' liability for injuries occurring on the land. It proposes adding a new section to define key terms and outline that landowners who allow free public recreational use of their property would not be responsible for ensuring safety or warning of hazards, unless injury was deliberate. The bill summary states the purpose is to encourage making land available for public outdoor recreation and education by limiting real property owner liability for injuries.

1. COMMITTEE ON HOUSING, SPORTS AND VETERANS
AFFAIRS
BILL NO. 28-0004
Twenty-Eight Legislature of the Virgin Islands
March 2, 2009
An Act amending title 32 Virgin Islands Code, chapter 2 relating to limiting liability for
public recreational use of private real property
PROPOSED BY: Senator Louis Patrick Hill
Co-Sponsors: Craig Barshinger,
Patrick Simeon Sprauve and Nellie Riveria-O’Reilly
1 WHEREAS, the Legislature declares that there is a need for outdoor recreational
2 areas in Virgin Islands which are open for public use and enjoyment; and
3 WHEREAS, the use and maintenance of these areas will provide beauty and
4 openness for the benefit of the public and also assist in preserving the health, safety, and
5 welfare of the population; and
6 WHEREAS, it is in the public interest to encourage owners of real property to
7 make such areas available to the public for non-commercial recreational purposes by
8 limiting the owners' liability towards persons entering on the land for recreational
9 purposes; and
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1 WHEREAS, a limitation on liability would encourage owners of real property to
2 allow non-commercial public recreational use of land which would not otherwise be open
3 to the public, thereby reducing governmental expenditures needed to provide such areas;
4 Now, Therefore,
5 Be it enacted by the Legislature of the Virgin Islands:
6 Title 32 Virgin Islands Code, chapter 2 is amended by adding section 25a to read
7 as follows:
8 Ҥ25a
9 (a) As used in this section,
10 (1) “charge” means an admission fee for permission to go upon or use
11 the land, but does not include:
12 (A) Any contribution in kind, services or cash contributed by a
13 person, legal entity, nonprofit organization, or governmental entity other
14 than the owner, whether or not sanctioned or solicited by the owner, the
15 purpose of which is to (i) remedy damage to land caused by educational or
16 recreational use; or (ii) provide warning of hazards on, or remove hazards
17 from, real property used for educational or recreational purposes; or
18 (B) Unless otherwise agreed in writing or otherwise provided
19 by the Territorial or federal tax codes, any property tax abatement,
20 contribution of any kind to reduce or offset costs and eliminate losses from
21 recreational use of real property or relief received by the owner from the
22 Government in exchange for the owner's agreement to open the real
23 property for educational or recreational purposes.
24 (2) “Real property” means real estate, land, roads, water,
25 watercourses, private ways and buildings, structures, and machinery or equipment

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1 when attached to the realty.
2 (3) quot; Real property ownerquot; means the possessor of a fee interest, a
3 tenant, lessee, occupant, or person in control of the premises.
4 (4) quot;Recreational purposequot; includes, fishing, swimming, boating,
5 camping, picnicking, nature study, sports, water sports, jogging, walking, hiking,
6 biking, horseback riding, viewing or enjoying historical, archeological, scenic, or
7 scientific sites; and any other activity undertaken for exercise, education,
8 relaxation, or pleasure on land owned by another.
9 (b) Limitation on liability
10 An owner of real property may be entitled to a limitation on liability for making
11 real property available as provided in paragraphs (1) through (3). A real property owner
12 who without charge provides the public with a park area or other real property for
13 recreational or educational purposes
14 (1) owes no duty of care to keep that park area or real property safe for
15 entry or use by others, or to give warning to persons entering or going on that
16 park area or real property of any hazardous conditions, structures, or activities
17 thereon;
18 (2) is not subject to liability for injury to persons going on the real
19 property solely because the real property owner provides the park or real
20 property for recreation;
21 (3) is not presumed to extend any assurance that such park area or real
22 property is safe for any purpose;
23 (4) does not incur any duty of care toward a person who goes on that
24 park area or real property, and
25 (5) is not liable or responsible for any injury to persons or property

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1 caused by the act or omission of a person who goes on that park area or real
2 property.
3 (c) To qualify for the protections under this section, the real property owner
4 shall register the real property used or intended to be used for the purpose of this section
5 with the Office of the Lieutenant Governor.
6 (d) Application. This section applies whether the person going into the park
7 or on the real property is an invitee, licensee, trespasser, or otherwise.
8 (e) This section does not relieve any person of liability that would otherwise
9 exist for deliberate, willful or malicious injury to persons or property. This subsection
10 may not be construed to create or increase the liability of any person.
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12 BILL SUMMARY
13 The purpose of this bill is to encourage persons to make available to the public
14 land, water areas and park areas for outdoor recreational and educational purposes by
15 limiting liability to real property owners for injuries to persons going on the property
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18 BR09-0028/January 30, 2009/
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