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35-15-23
Section 35-15-23 Limitations on legal liability of owner. Except as expressly provided in this
article, an owner of outdoor recreational land who either invites or permits non-commercial
public recreational use of such land does not by invitation or permission thereby: (1) Extend
any assurance that the outdoor recreational land is safe for any purpose; (2) Assume responsibility
for or incur legal liability for any injury to the person or property owned or controlled
by a person as a result of the entry on or use of such land by such person for any recreational
purpose; or (3) Confer upon such person the legal status of an invitee or licensee to whom
a duty of care is owed. (Acts 1981, No. 81-825, p. 1468, §4.)...
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35-15-28
Section 35-15-28 Owner must establish public use. (a) The liability limitation protection of
this article may be asserted only by an owner who can reasonably establish that the outdoor
recreational land was open for non-commercial use to the general public at the time of the
injury to a person using such land for any public recreational purpose. Any owner may create
a rebuttable presumption of having opened land for non-commercial public recreational use
by: (1) Posting signs around the boundaries and at the entrance(s) of such land; or (2) Publishing
a notice in a newspaper of general circulation in the locality in which the outdoor recreational
land is situated, and describing such land; or (3) Recording a notice in the public records
of any county in which any part of the outdoor recreational land is situated, and describing
such land; or (4) Any act similar to subdivisions (1), (2), or (3) of subsection (a), which
is designed to put the public on notice that such outdoor...
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35-15-24
Section 35-15-24 Otherwise existing liability not limited. (a) Nothing in this article limits
in any way legal liability which otherwise might exist when such owner has actual knowledge:
(1) That the outdoor recreational land is being used for non-commercial recreational purposes;
(2) That a condition, use, structure, or activity exists which involves an unreasonable risk
of death or serious bodily harm; (3) That the condition, use, structure, or activity is not
apparent to the person or persons using the outdoor recreational land; and (4) That having
this knowledge, the owner chooses not to guard or warn, in disregard of the possible consequences.
(b) The test set forth in subsection (a) of this section shall exclude constructive knowledge
by the owner as a basis of liability and does not create a duty to inspect the outdoor recreational
land. (c) Nothing in this article shall be construed to create or expand any duty or ground
of liability or cause of action for injury to persons on...
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35-15-21
Section 35-15-21 Definitions. Unless the context thereof clearly indicates to the contrary,
as used in this article the following terms shall have the following meanings: (1) OWNER.
Any public or private organization of any character, including a partnership, corporation,
association, any individual, or any federal, state or local political subdivision or any agency
of any of the foregoing having a legal right of possession of outdoor recreational land. For
the purpose of this article, an employee or agent of the owner, but not an independent contractor
while conducting activities upon the outdoor recreational land, is deemed to be an owner.
(2) OUTDOOR RECREATIONAL LAND. Land and water, as well as buildings, structures, machinery,
and other such appurtenances used for or susceptible of recreational use. (3) RECREATIONAL
USE or RECREATIONAL PURPOSE. Participation in or viewing of activities including, but not
limited to, hunting, fishing, water sports, aerial sports, hiking, camping,...
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35-15-2
Section 35-15-2 Effect of permission to use premises. An owner, lessee, or occupant of premises
who gives permission to another to hunt, fish, trap, camp, hike, sight-see, cave, climb, rappel,
or engage in other sporting or recreational activities upon such premises does not thereby
extend any assurance that the premises are safe for such purpose nor constitute the person
to whom permission has been granted the legal status of an invitee to whom a duty of care
is owed or assume responsibility for or incur liability for any injury to person or property
caused by an act of such person to whom permission has been granted, except as provided in
Section 35-15-4. (Acts 1965, No. 463, p. 663, §2; Acts 1991, No. 91-666, §1.)...
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35-8A-103
Section 35-8A-103 Definitions. In the declaration and bylaws, unless specifically provided
otherwise or the context otherwise requires, and in this chapter, the following terms are
defined as set forth below: (1) AFFILIATE OF A DECLARANT. Any person who controls, is controlled
by, or is under common control with a declarant. A person "controls" a declarant
if the person (i) is a general partner, officer, director, or employer of the declarant, (ii)
directly or indirectly or acting in concert with one or more other persons, or through one
or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing
more than 20 percent of the voting interest in the declarant, (iii) controls in any manner
the election of a majority of the directors of the declarant, or (iv) has contributed more
than 20 percent of the capital of the declarant. A person "is controlled by" a declarant
if the declarant (i) is a general partner, officer, director, or employer of the person,...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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35-15-22
Section 35-15-22 Inspection and warning not required. Except as specifically recognized by
or provided in this article, an owner of outdoor recreational land who permits non-commercial
public recreational use of such land owes no duty of care to inspect or keep such land safe
for entry or use by any person for any recreational purpose, or to give warning of a dangerous
condition, use, structure, or activity on such land to persons entering for such purposes.
(Acts 1981, No. 81-825, p. 1468, §3.)...
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