§520-2 Definitions. As used in this
chapter:
"Charge" means the admission price or
fee asked in return for invitation or permission to enter or go upon the land.
"House guest" means any person
specifically invited by the owner or a member of the owner's household to visit
at the owner's home whether for dinner, or to a party, for conversation or any
other similar purposes including for recreation, and includes playmates of the
owner's minor children.
"Land" means land, roads, water,
watercourses, private ways and buildings, structures, and machinery or
equipment when attached to realty, other than lands owned by the government.
"Owner" means the possessor of a fee
interest, a tenant, lessee, occupant, or person in control of the premises.
"Recreational purpose" includes but
is not limited to any of the following, or any combination thereof: hunting,
fishing, swimming, boating, camping, picnicking, hiking, pleasure driving,
nature study, water skiing, winter sports, and viewing or enjoying historical,
archaeological, scenic, or scientific sites.
"Recreational user" means any person
who is on or about the premises that the owner of land either directly or
indirectly invites or permits, without charge, entry onto the property for
recreational purposes. [L 1969, c 186, §2; gen ch 1985; am L 1997, c 272, §1]
Law Journals and Reviews
The Hawai`i Recreational Use Statute: A Practical Guide to
Landowner Liability. 22 UH L. Rev. 237 (2000).
Case Notes
Plaintiff who suffered personal injuries while plaintiff was
using a military recreational facility was not "charged" an "admission
price or fee ... in return for ... permission to enter or go upon the
[government's] land". 181 F.3d 1064 (1999).
Where plaintiff who was engaged in activity of boating argued
that plaintiff was not engaging in a recreational activity while taking the
sailing course, although plaintiff may have had professional as well as
personal reasons for taking the course, plaintiff's alleged professional
motivation did not convert plaintiff into a nonrecreational user; plaintiff's
subjective intent was, in the situation, immaterial. 181 F.3d 1064 (1999).
No requirement that landowner open property to every person
in the public in order to obtain protection under statute; defendant's duty to
recreational user of property arose where defendant undertook and posted
lifeguards at beach. 691 F. Supp. 256 (1988).
Where plaintiff alleged that the United States navy received
a financial benefit from the Pearl Harbor bike path when its members commuted
by bicycle on the bike path, reducing the need for parking spaces at Pearl
Harbor naval station, and that the city of Honolulu's bicycle registration fee
constituted a "charge" under Hawaii recreational use statute (HRUS),
the United States did not charge plaintiff to enter the bike path and the "charge"
exception to HRUS was not applicable. 180 F. Supp. 2d 1132 (2001).
Notes of Decisions
Thompson v. Kyo-Ya Co., Ltd., 146 P.3d 1049 (Haw. 2006).
· cites it 60× “" "Recreational purpose," in turn, is defined as including "but not limited to any of the following[:] .”
Lansdell v. Cnty. of Kauai, 130 P.3d 1054 (Haw. 2006).
· cites it 6× “6 In response, Plaintiffs contend that because the County did not own the Queen’s Bath area, the County could not be deemed a “landowner” within the language of HRS § 520-2 (Supp.2005). The relevant definitions of HRS § 520-2 are as follows: *195 “Charge” means the admission…”
Atahan v. Muramoto, 984 P.2d 104 (Haw. App. 1999).
· cites it 11× “Although our holding is based on the unambiguous language of HRS § 520-4(a)(2), we note that although HRS § 520-2 defines land as including both land and water, it states that its purpose “is to encourage owners of land to make land and water areas available to the public for…”
Viess v. Sea Enter. Corp., 634 F. Supp. 226 (D. Haw. 1986).
· cites it 4× ““Charge” is defined in § 520-2 as “the admission price or fee asked in return for invitation or permission to go upon the land.”
Brown v. United States, 180 F. Supp. 2d 1132 (D. Haw. 2001).
· cites it 8× “” Haw.Rev.Stat. § 520-2. A “recreational user” is “any person who is on or about the premises that the owner of the land either directly or indirectly invites or permits, without charge, entry onto the property for recreational purposes.”
Geremia v. State, 573 P.2d 107 (Haw. 1977).
· cites it 2× “…to give a warning of dangerous conditions where entry is for recreational purposes, is not available to the State. HRS § 520-2(1).”
Palmer v. United States, 742 F. Supp. 1068 (D. Haw. 1990).
· cites it 4× “” Haw.Rev.Stat. § 520-2(3). 4. The Hawaii Recreational Use Statute applies where the visitor combines a recreational purpose with a non-recreational purpose.”
Lucero v. Richardson & Richardson, Inc., 2002 NMCA 013 (N.M. Ct. App. 2001).
“”) (emphasis added), with Haw. Rev.Stat. § 520-2 (1993) (“ ‘Land’ means land, roads, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to realty, other than lands owned by the government.”
Collard v. United States, 691 F. Supp. 256 (D. Haw. 1988).
· cites it 2× “Although in defining “recreational purpose” the statute does not specifically mention “playing on logs”, the statute does include swimming and further explicitly states that “recreational purpose .”
— Haw. Rev. Stat. § 520-2(1) — 3 cases
Geremia v. State, 573 P.2d 107 (Haw. 1977).
“…to give a warning of dangerous conditions where entry is for recreational purposes, is not available to the State. HRS § 520-2(1).”
Viess v. Sea Enter. Corp., 634 F. Supp. 226 (D. Haw. 1986).
““Charge” is defined in § 520-2 as “the admission price or fee asked in return for invitation or permission to go upon the land.”
Collard v. United States, 691 F. Supp. 256 (D. Haw. 1988).
“Although in defining “recreational purpose” the statute does not specifically mention “playing on logs”, the statute does include swimming and further explicitly states that “recreational purpose .”
— Haw. Rev. Stat. § 520-2(3) — 4 cases
Viess v. Sea Enter. Corp., 634 F. Supp. 226 (D. Haw. 1986).
““Charge” is defined in § 520-2 as “the admission price or fee asked in return for invitation or permission to go upon the land.”
Palmer v. United States, 742 F. Supp. 1068 (D. Haw. 1990).
“” Haw.Rev.Stat. § 520-2(3). 4. The Hawaii Recreational Use Statute applies where the visitor combines a recreational purpose with a non-recreational purpose.”
— Haw. Rev. Stat. § 520-2(4) — 2 cases
Viess v. Sea Enter. Corp., 634 F. Supp. 226 (D. Haw. 1986).
““Charge” is defined in § 520-2 as “the admission price or fee asked in return for invitation or permission to go upon the land.”
— Haw. Rev. Stat. § 520-2(5) — 1 case
Palmer v. United States, 742 F. Supp. 1068 (D. Haw. 1990).
“” Haw.Rev.Stat. § 520-2(3). 4. The Hawaii Recreational Use Statute applies where the visitor combines a recreational purpose with a non-recreational purpose.”
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