Code of Alabama

Ala. Code § 35-15-21 (2026)

Definitions.

✓ official Alabama Legislature (ALISON) text, current July 2026

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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, picnicking, winter sports, animal or vehicular riding, or visiting, viewing or enjoying historical, archeological, scenic, or scientific sites, and any related activity.

(4) PERSON. Any individual, regardless of age, maturity, or experience.

(5) COMMERCIAL RECREATIONAL USE. Any use of land for the purpose of receiving consideration for opening such land to recreational use where such use or activity is profit-motivated. Consideration does not include any benefits provided by law in accordance with this article, any other state or federal law, or in the form of good will for permitting recreational use as stated in this article; nor does consideration include a charge by the landowner for maintenance fees where the primary use of the land is for other than public recreational purposes.

(Acts 1981, No. 81-825, p. 1468, §2.)

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1987–2024 · leading case: Scrapchansky v. Town of Plainfield, 627 A.2d 1329 (Conn. 1993).

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Scrapchansky v. Town of Plainfield, 627 A.2d 1329 (Conn. 1993). “§ 33-41-102 (3) *461 (1984) (owner includes “any public entity as defined in the ‘Colorado Governmental Immunity Act’ .”

Kimberly Ann Sallee, Individually & as Next Friend of Lucas Gregory Durkop & Maria Christina Rivera, Matthew James Sallee, & James Allan Sallee v. Matthew R. Stewart & Diana Stewart D/B/A Stewartland Holsteins, 827 N.W.2d 128 (Iowa 2013). “See Ala.Code § 35-15-21(3) (LexisNexis 1991); Ark.”

Martin ex rel. Martin v. City of Gadsden, 584 So. 2d 796 (Ala. 1991). · cites it 2× “§ 35-15-21(1). An exception to the limitation on liability is contained in § 35-15-24.”

Grice v. City of Dothan, 670 F. Supp. 318 (M.D. Ala. 1987). “Furthermore, §§ 35-15-21(4) specifically provides that the definition of person shall be “any individual regardless of age, maturity or experience.”

McElrath v. Alabama Power Co., 554 So. 2d 994 (Ala. 1989). “” Section 35-15-21(2) defines “outdoor recreational land” as follows: “Land and water, as well as buildings, structures, machinery and other such appurtenances used for or susceptible of recreational use.”

Ex parte The Pub. Parks & Rec. Bd. of the City of Scottsboro PETITION FOR WRIT OF MANDAMUS (In re: Karon Patrick v. The Pub. Parks & Rec. Bd. of the City of Scottsboro) (Jackson Circuit Court: CV-20-900182). (Ala. 2024). · cites it 12× “Section 35-15-21, Ala. Code 1975, sets forth the following definitions: "Unless the context thereof clearly indicates to the contrary, as used in [Article 2] the following terms shall have the following meanings: "(1) Owner.”

Hatem v. Town of Dauphin Island) (Ex Parte Town of Dauphin Island (), 274 So. 3d 237 (Ala. 2018). · cites it 3× “Section 35-15-21(1) defines 'Owner' as follows: '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 or any of the foregoing having a legal…”

Gable v. City of Huntsville, 564 So. 2d 940 (Ala. 1990). “Thus, under § 35-15-21, its use qualifies as one for which an owner has only limited liability.”

Cooke v. City of Guntersville, 583 So. 2d 1340 (Ala. 1991). · cites it 2× “Section 35-15-21(2) defines “outdoor recreational land” as “[l]and and water, as well as buildings, structures, machinery and other such appurtenances used for or susceptible of recreational use.”

Thacker v. Tennessee Valley Auth. (N.D. Ala. 2021). “§35-15-21(5). In fact, the Plan explicitly mentions several commercial ventures, but it is unclear whether the TVA owns those businesses.”

— Ala. Code § 35-15-21(1) — 4 cases

Martin ex rel. Martin v. City of Gadsden, 584 So. 2d 796 (Ala. 1991). “§ 35-15-21(1). An exception to the limitation on liability is contained in § 35-15-24.”

Hatem v. Town of Dauphin Island) (Ex Parte Town of Dauphin Island (), 274 So. 3d 237 (Ala. 2018). “Section 35-15-21(1) defines 'Owner' as follows: '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 or any of the foregoing having a legal…”

Ex parte The Pub. Parks & Rec. Bd. of the City of Scottsboro PETITION FOR WRIT OF MANDAMUS (In re: Karon Patrick v. The Pub. Parks & Rec. Bd. of the City of Scottsboro) (Jackson Circuit Court: CV-20-900182). (Ala. 2024). “Section 35-15-21, Ala. Code 1975, sets forth the following definitions: "Unless the context thereof clearly indicates to the contrary, as used in [Article 2] the following terms shall have the following meanings: "(1) Owner.”

— Ala. Code § 35-15-21(2) — 3 cases

Ex parte The Pub. Parks & Rec. Bd. of the City of Scottsboro PETITION FOR WRIT OF MANDAMUS (In re: Karon Patrick v. The Pub. Parks & Rec. Bd. of the City of Scottsboro) (Jackson Circuit Court: CV-20-900182). (Ala. 2024). “Section 35-15-21, Ala. Code 1975, sets forth the following definitions: "Unless the context thereof clearly indicates to the contrary, as used in [Article 2] the following terms shall have the following meanings: "(1) Owner.”

Cooke v. City of Guntersville, 583 So. 2d 1340 (Ala. 1991). “Section 35-15-21(2) defines “outdoor recreational land” as “[l]and and water, as well as buildings, structures, machinery and other such appurtenances used for or susceptible of recreational use.”

— Ala. Code § 35-15-21(3) — 3 cases

Ex parte The Pub. Parks & Rec. Bd. of the City of Scottsboro PETITION FOR WRIT OF MANDAMUS (In re: Karon Patrick v. The Pub. Parks & Rec. Bd. of the City of Scottsboro) (Jackson Circuit Court: CV-20-900182). (Ala. 2024). “Section 35-15-21, Ala. Code 1975, sets forth the following definitions: "Unless the context thereof clearly indicates to the contrary, as used in [Article 2] the following terms shall have the following meanings: "(1) Owner.”

— Ala. Code § 35-15-21(4) — 1 case

— Ala. Code § 35-15-21(5) — 3 cases

Martin ex rel. Martin v. City of Gadsden, 584 So. 2d 796 (Ala. 1991). “§ 35-15-21(1). An exception to the limitation on liability is contained in § 35-15-24.”

Ex parte The Pub. Parks & Rec. Bd. of the City of Scottsboro PETITION FOR WRIT OF MANDAMUS (In re: Karon Patrick v. The Pub. Parks & Rec. Bd. of the City of Scottsboro) (Jackson Circuit Court: CV-20-900182). (Ala. 2024). “Section 35-15-21, Ala. Code 1975, sets forth the following definitions: "Unless the context thereof clearly indicates to the contrary, as used in [Article 2] the following terms shall have the following meanings: "(1) Owner.”

Thacker v. Tennessee Valley Auth. (N.D. Ala. 2021). “§35-15-21(5). In fact, the Plan explicitly mentions several commercial ventures, but it is unclear whether the TVA owns those businesses.”

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