Ark. Code Ann. » Title 18 Chapter 11
Arkansas Code Annotated

Ark. Code Ann. § 18-11-302 (2026)

Definitions

✓ current as of May 2026
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As used in this subchapter:

  1. “Aviation” means taking off, flying, or landing an airplane or aircraft;
  2. “Charge” means an admission fee for permission to go upon or use the land, but does not include:
    1. The sharing of game, fish, or other products of recreational use; or
    2. Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use;
  3. “Land” means land, roads, water, watercourses, airstrips, private ways and buildings, structures, and machinery or equipment when attached to the realty;
    1. “Malicious” means an intentional act of misconduct that the actor is aware is likely to result in harm.
    2. “Malicious” does not mean negligent or reckless conduct;
  5. “Owner” means the possessor of a fee interest, a tenant, lessee, holder of a conservation easement as defined in § 15-20-402, occupant, or person in control of the premises;
  6. “Public” and “person” includes the Young Men's Christian Association, Young Women's Christian Association, Boy Scouts of America, Girl Scouts of the United States of America, Boys and Girls Clubs of America, churches, religious organizations, fraternal organizations, and other similar organizations; and
  7. “Recreational purpose” includes, but is not limited to, any of the following or any combination thereof:
    1. Hunting;
    2. Fishing;
    3. Swimming;
    4. Boating;
    5. Camping;
    6. Picnicking;
    7. Hiking;
    8. Pleasure driving;
    9. Nature study;
    10. Water skiing;
    11. Winter sports;
    12. Spelunking;
    13. Aviation;
    14. Viewing or enjoying historical, archeological, scenic, or scientific sites; and
    15. Any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another.

History. Acts 1965, No. 51, § 2; 1983, No. 168, §§ 1, 2; 1985, No. 959, § 1; A.S.A. 1947, § 50-1102; Acts 1991, No. 485, § 1; 2007, No. 677, § 1; 2013, No. 84, § 1; 2015, No. 1112, § 1.

A.C.R.C. Notes. Acts 2015, No. 1112, § 2, provided: “Applicability.

“(a) This act applies to all causes of action that accrue on or after the effective date of this act.

“(b) This act does not apply retroactively to an action filed or a cause of action that accrued before the effective date of this act.”

Amendments. The 2013 amendment inserted (1) and redesignated the remaining subdivisions accordingly; inserted “airstrips” in present (3); and inserted present (6)(M) [now (7)(M)] and redesignated the remaining subdivisions accordingly.

The 2015 amendment added the definition for “Malicious”.

Case Notes

Charge.

Revenue from a business enterprise adjacent to a recreational site does not constitute a “charge” as used in this section. Carlton ex rel. Carlton v. Cleburne County, 93 F.3d 505 (8th Cir. 1996).

Plain terms of §§ 18-11-307(2) and 18-11-302 removed immunity only when a fee was charged to enter a particular area; fees subsequent to entry, such as charges to access services such as water or electrical hookups, did not alter the initial grant of immunity. Under the plain language of the statutes, the charge exception did not apply to campsite fees paid by campers in an area that flooded. Moss v. United States, 895 F.3d 1091 (8th Cir. 2018).

Cited: Mandel v. United States, 793 F.2d 964 (8th Cir. 1986).

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1996–2024 · leading case: Moss v. United States, 895 F.3d 1091 (8th Cir. 2018).
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Moss v. United States, 895 F.3d 1091 (8th Cir. 2018). · cites it 2× “" Ark. Code Ann. § 18-11-302 (2) (2016). The parties dispute whether the $16 fee to secure a campsite in Loop D is an "admission fee" that "charged" the plaintiffs for their recreational use of Loop D.”
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). “Code § 35-15-21(3) (LexisNexis 1991); Ark.Code Ann. § 18-11-302(5) (Supp.2011); Conn.”
Jason Carlton v. Cleburne Cnty., AR, 93 F.3d 505 (8th Cir. 1996). “” Ark.Code Ann. § 18-11-302(4). It is uncontroverted that the appellants did not pay a fee to the Resort appel-lees or any other entity for admission to or use of the land, or to enjoy the privilege of sightseeing at the bridge.”
Hollonbeck v. Torrey, 171 F.R.D. 244 (E.D. Ark. 1997). “” ACA 18-11-302. The extent of Mr. Torrey’s “control of the premises” would take on added importance.”
Swan Moss, III v. United States (8th Cir. 2018). · cites it 2× “” Ark. Code Ann. § 18-11-307 (2) (2016). The statute defines a “charge” as an “admission fee for permission to go upon or use the land.”
Andrew Hutchinson v. United States (8th Cir. 2023). · cites it 2× “Ark. Code Ann. § 18-11-302 (6). In their view, the definition contains an exclusive list that “includes” only “churches, religious organizations, fraternal organizations, and other similar organizations.”
Hutchinson v. United States (E.D. Ark. 2022). · cites it 2× “Ark. Code Ann. § 18-11-302 . And, the Eighth Circuit has applied the ARUS to individuals, such as campers in a FTCA claim against the United States.”
Allen v. Nature Conservancy (E.D. Ark. 2024). · cites it 2× “” Ark. Code Ann. § 18-11-302 (4). Plaintiff argues that this exception applies because he alleged that TNC knew of the ultrahazardous condition and maliciously, intentionally, and consciously chose not to engage in various actions to make the condition safer or to warn against…”
Hunt v. The Int'l Ass'n of Lions Clubs, Inc. (W.D. Ark. 2021). · cites it 2× “” Ark. Code Ann. § 18-11-302 (7). The Fair involved the display of arts and crafts by vendors and Ms.”
— Ark. Code Ann. § 18-11-302(4) — 1 case
Jason Carlton v. Cleburne Cnty., AR, 93 F.3d 505 (8th Cir. 1996). “” Ark.Code Ann. § 18-11-302(4). It is uncontroverted that the appellants did not pay a fee to the Resort appel-lees or any other entity for admission to or use of the land, or to enjoy the privilege of sightseeing at the bridge.”
— Ark. Code Ann. § 18-11-302(5) — 1 case
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). “Code § 35-15-21(3) (LexisNexis 1991); Ark.Code Ann. § 18-11-302(5) (Supp.2011); Conn.”
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