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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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35-15-22
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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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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35-15-25
Section 35-15-25 Duty of care by persons using outdoor recreational land. Nothing in this article
shall be construed to relieve any person using outdoor recreational land open for non-commercial
public recreational use from any obligation which such person may have in the absence of this
article to exercise care in the use of such land and in the activities thereon, or from legal
consequences of failure to employ such care. (Acts 1981, No. 81-825, p. 1468, §6.)...
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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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35-15-20
Section 35-15-20 Legislative intent. It is hereby declared that there is a need for outdoor
recreational areas in this state which are open for public use and enjoyment; that the use
and maintenance of these areas will provide beauty and openness for the benefit of the public
and also assist in preserving the health, safety, and welfare of the population; that it is
in the public interest to encourage owners of land to make such areas available to the public
for non-commercial recreational purposes by limiting such owners' liability towards persons
entering thereon for such purposes; that such limitation on liability would encourage owners
of land to allow non-commercial public recreational use of land which would not otherwise
be open to the public, thereby reducing state expenditures needed to provide such areas. (Acts
1981, No. 81-825, p. 1468, §1.)...
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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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41-23-140
Section 41-23-140 Definitions; commission created; composition; staff; duties; annual report.
(a) For the purposes of this article, the term trail means any form of paved or unpaved trail
including freshwater and saltwater paddling trails. The term trail user community includes,
but is not limited to, the following: Paved and unpaved trail users, hikers, bicyclists, users
of off-highway vehicles, paddlers, equestrians, disabled outdoor recreational users, and commercial
recreational interests. (b) There is created within the Alabama Department of Economic and
Community Affairs, the Alabama Trails Commission which shall advance development, interconnection,
and use of trails in this state and as further provided in this article. The commission shall
be composed of the following members: (1) Two members recognized for expertise in trail development,
management, or use, appointed by the Governor and representing the trail user community. (2)
One member recognized for expertise in trail...
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35-8B-1
Section 35-8B-1 Definitions; sale of alcoholic beverages. (a) "Community development district"
shall mean a private residential development that: (1) Is a size of at least 250 acres of
contiguous land area; (2) has at least 100 residential sites, platted and recorded in the
probate office of the county as a residential subdivision; (3) has streets that were or will
be built with private funds; (4) has a social club with: (i) an 18-hole golf course of regulation
size; (ii) a restaurant or eatery used exclusively for the purpose of preparing and serving
meals, with a seating capacity of at least 60 patrons; (iii) social club memberships with
at least 100 paid-up members who have paid a membership initiation fee of not less than two
hundred fifty dollars ($250) per membership; (iv) membership policies whereby membership is
not denied or impacted by an applicant's race, color, creed, religion, or national origin;
and (v) a full-time management staff for the social activities of the club,...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-90.htm - 30K - Match Info - Similar pages
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