CHAPTER 435

An Act to amend and reenact § 8-654.2 of the Code of Virginia, so as to
determine the duty of care and liability for damages of a land-
owner relative to any person using land or premises for hunting, fish-
ing, trapping, camping, water sports, hiking, sightseeing or any other
recreational purpose; and to define certain words. rH 318]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 8-654.2 of the Code of Virginia be amended and reenacted
as follows:

§ 8-654.2. * (a) For the purpose of this act “landowner” means the
legal title holder, lessee, occupant or any other person in control of land
or premises.

“Land” or “premises” means real property, waters, boats, private
ways, natural growth, trees and any building or structure which might
be located on such real property, waters, boats, private ways and natural
grow

(b) A landowner shall owe no duty of care to keep land or premises
safe for entry or use by others for hunting, fishing, trapping, camping,
water sports, hiking, sightseeing, nor shall a landowner be required to give
any warning of hazardous conditions or uses of, structures on, or activities
on such land or premises to any person entering on such land or premises
for such purposes, except as provided in (. d) hereof.

(c) Any landowner who gives permission to another person to hunt,
swim, trap, camp, hike, or sightsee upon land or premises does not thereby:

(1) wnpliedly or expressly represent that the premises are safe for
such purposes; or

(2) constitute the person to whom such permission has been granted
an invitee to whom a duty of care is owed; or

(8) assume responsibility for or incur liability for any intentional
or negligent acts of such person or any other person, except as provided
an (d) hereof.

(d) The provisions of this act shall not limit the liability which
otherwise exists:

for wilful or malicious failure to guard or warn against a dangerous
condition, use, structure or activity; or

for injuries suffered in any case where permission to hunt, fish, trap,
camp, hike, or sightsee, or for any other legal purpose, was granted for
a consideration other than the consideration, if any, paid to such land-
owner by the State, the federal government or any other governmental
agency.

2. An emergency exists and this act is in force from its passage.