NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
Act 451 of 1994
324.73301 Liability of landowner, tenant, or lessee for injuries to persons on property for purpose of outdoor recreation or trail use, using Michigan trailway or other public trail, gleaning agricultural or farm products, fishing or hunting, or picking and purchasing agricultural or farm products at farm or "u-pick" operation; definition.
Sec. 73301.
(1) Except as otherwise provided in this section, a cause of action does not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling, or any other outdoor recreational use or trail use, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.
(2) A cause of action does not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of entering or exiting from or using a Michigan trailway as designated under part 721 or other public trail, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee. For purposes of this subsection, a Michigan trailway or public trail may be located on land of any size including, but not limited to, urban, suburban, subdivided, and rural land.
(3) A cause of action does not arise, for injuries to a person, against a person, other than a for-profit legal entity, with whom the owner, tenant, or lessee of land contracts to construct, maintain, or operate a trail or other land improvement used by the injured person as described in subsections (1) and (2), unless the injuries were caused by the gross negligence or willful and wanton misconduct of the person, other than a for-profit legal entity, with whom the owner, tenant, or lessee contracts.
(4) A cause of action does not arise against the owner, tenant, or lessee of land or premises for injuries to a person who is on that land or premises for the purpose of gleaning agricultural or farm products, unless that person's injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.
(5) A cause of action does not arise against the owner, tenant, or lessee of a farm used in the production of agricultural goods as defined by section 35(1)(h) of the former single business tax act, 1975 PA 228, or by section 207(1)(d) of the Michigan business tax act, 2007 PA 36, MCL 208.1207, for injuries to a person who is on that farm and has paid the owner, tenant, or lessee valuable consideration for the purpose of fishing or hunting, unless that person's injuries were caused by a condition that involved an unreasonable risk of harm and all of the following apply:
(a) The owner, tenant, or lessee knew or had reason to know of the condition or risk.
(b) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe, or to warn the person of the condition or risk.
(c) The person injured did not know or did not have reason to know of the condition or risk.
(6) A cause of action does not arise against the owner, tenant, or lessee of land or premises for injuries to a person, other than an employee or contractor of the owner, tenant, or lessee, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products at a farm or "u-pick" operation, unless the person's injuries were caused by a condition that involved an unreasonable risk of harm and all of the following apply:
(a) The owner, tenant, or lessee knew or had reason to know of the condition or risk.
(b) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe, or to warn the person of the condition or risk.
(c) The person injured did not know or did not have reason to know of the condition or risk.
(7) As used in this section, "agricultural or farm products" means the natural products of the farm, nursery, grove, orchard, vineyard, garden, and apiary, including, but not limited to, trees and firewood.
History: Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2007, Act 174, Imd. Eff. Dec. 21, 2007 ;-- Am. 2017, Act 39, Eff. Aug. 21, 2017
PopularName Notes:
Act 451
PopularName Notes:
NREPA
Notes of Decisions
Cited in
31
cases (
10 in the last 5 years), 1998–2024 · leading case:
Neal v. Wilkes, 685 N.W.2d 648 (Mich. 2004).
Neal v. Wilkes, 685 N.W.2d 648 (Mich. 2004).
· cites it 20× “HOLMES MCL 324.73301 states, in pertinent part, the following: (1) Except as otherwise provided in this section, a cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable…”
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
· cites it 4× “2d 648 (2004), the Legislature enacted Michigan's recreational land use statute, MCL 324.73301, to provide immunity for landowners from personal-injury lawsuits by persons using their property recreationally, regardless of age, i.”
Phillips v. Mirac, Inc, 651 N.W.2d 437 (Mich. Ct. App. 2002).
· cites it 2× “131 (worker's compensation is exclusive remedy against an employer); MCL 324.73301 (limitation of landowners' liability for injuries to guests to gross negligence or willful and wanton misconduct).”
Duffy v. Irons Area Tourist Ass'n, 834 N.W.2d 508 (Mich. Ct. App. 2013).
· cites it 6× “On appeal, we must determine whether the trial court erred when it determined that the Tourist Association was protected from liability under Part 733 of the Natural Resources and Environmental Protection Act, see MCL 324.73301, which is commonly referred to as the recreational…”
Ballard v. Ypsilanti Twp., 577 N.W.2d 890 (Mich. 1998).
· cites it 2× “73301(1): Except as otherwise provided in this section, a cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping,…”
Nash v. Duncan Park Comm'n, 304 Mich. App. 599 (Mich. Ct. App. 2014).
“116(C)(7) and (10), contending that the GTLA or, alternatively, the recreational use act (RUA), MCL 324.73301, barred plaintiffs suit. The gravamen of the Commission’s GTLA argument was that the Commission constituted a “governmental agency” under then MCL 691.”
Doreen Rott v. Arthur Rott (Mich. 2021).
· cites it 36× “116(C)(8) and (10), arguing that plaintiff’s complaint should be dismissed under the recreational land use act (RUA), MCL 324.73301, because plaintiff was on his property for the purpose of zip lining, plaintiff did not pay him for use of the zip line, and plaintiff’s injuries…”
Otto ex rel. Noble v. Inn at Watervale, Inc., 909 N.W.2d 265 (Mich. 2018).
· cites it 2× “The circuit court correctly ruled that the recreational land use act (RUA), MCL 324.73301, applies to this case. That statute provides in relevant part that gross negligence or willful and wanton misconduct by an owner, tenant, or lessee must be shown in order to bring a cause…”
Est. of Riley Robinson v. Larry Robinson Sr (Mich. 2024).
· cites it 12× “Defendants moved for summary disposition, asserting that plaintiff’s negligence claim was barred by the recreational land use act (RUA), MCL 324.73301, and that plaintiff had failed to plead that defendants were grossly negligent as required by the RUA.”
Est. of Riley Robinson v. Larry Robinson Sr (Mich. 2024).
· cites it 12× “Defendants moved for summary disposition, asserting that plaintiff’s negligence claim was barred by the recreational land use act (RUA), MCL 324.73301, and that plaintiff had failed to plead that defendants were grossly negligent as required by the RUA.”
Crystal Rodgers v. Christie Sydow (Mich. Ct. App. 2023).
· cites it 11× “73301(1), encourages property owners to “make [their] land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.” Rott v Rott, 508 Mich 274 , 291; 972 NW2d 789 (2021) (quotation marks…”
— Mich. Comp. Laws § 324.73301(1) — 27 cases
Neal v. Wilkes, 685 N.W.2d 648 (Mich. 2004).
“HOLMES MCL 324.73301 states, in pertinent part, the following: (1) Except as otherwise provided in this section, a cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable…”
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
“2d 648 (2004), the Legislature enacted Michigan's recreational land use statute, MCL 324.73301, to provide immunity for landowners from personal-injury lawsuits by persons using their property recreationally, regardless of age, i.”
Ballard v. Ypsilanti Twp., 577 N.W.2d 890 (Mich. 1998).
“73301(1): Except as otherwise provided in this section, a cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping,…”
Duffy v. Irons Area Tourist Ass'n, 834 N.W.2d 508 (Mich. Ct. App. 2013).
“On appeal, we must determine whether the trial court erred when it determined that the Tourist Association was protected from liability under Part 733 of the Natural Resources and Environmental Protection Act, see MCL 324.73301, which is commonly referred to as the recreational…”
Doreen Rott v. Arthur Rott (Mich. 2021).
“116(C)(8) and (10), arguing that plaintiff’s complaint should be dismissed under the recreational land use act (RUA), MCL 324.73301, because plaintiff was on his property for the purpose of zip lining, plaintiff did not pay him for use of the zip line, and plaintiff’s injuries…”
— Mich. Comp. Laws § 324.73301(2) — 2 cases
Duffy v. Irons Area Tourist Ass'n, 834 N.W.2d 508 (Mich. Ct. App. 2013).
“On appeal, we must determine whether the trial court erred when it determined that the Tourist Association was protected from liability under Part 733 of the Natural Resources and Environmental Protection Act, see MCL 324.73301, which is commonly referred to as the recreational…”
Doreen Rott v. Arthur Rott (Mich. 2021).
“116(C)(8) and (10), arguing that plaintiff’s complaint should be dismissed under the recreational land use act (RUA), MCL 324.73301, because plaintiff was on his property for the purpose of zip lining, plaintiff did not pay him for use of the zip line, and plaintiff’s injuries…”
— Mich. Comp. Laws § 324.73301(5) — 2 cases
Est. of Riley Robinson v. Larry Robinson Sr (Mich. 2024).
“Defendants moved for summary disposition, asserting that plaintiff’s negligence claim was barred by the recreational land use act (RUA), MCL 324.73301, and that plaintiff had failed to plead that defendants were grossly negligent as required by the RUA.”
Est. of Riley Robinson v. Larry Robinson Sr (Mich. 2024).
“Defendants moved for summary disposition, asserting that plaintiff’s negligence claim was barred by the recreational land use act (RUA), MCL 324.73301, and that plaintiff had failed to plead that defendants were grossly negligent as required by the RUA.”
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