Can a public entity qualify as a “landowner” under a Recreational Use Statute?
A very important issue is whether or not a public entity or municipality qualifies as an “owner” under the state’s Recreational Use Statute. Some statutes specifically include public entities in the definition of “owner” (e.g. Alabama, Illinois, Ohio) while other specifically exclude them (e.g. Florida, Iowa, Minnesota). Still others are silent on the issue and have left it to the courts to decide. In the states that include public entities as “owners” under their Recreational Use Statute, public land falls within the protection of the statute.
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