537.345. Definitions for sections 537.345 to 537.347 and 537.351. — As used in sections 537.345 to 537.347, and section 537.351, the following terms mean:
(1) "Charge", the admission price or fee asked by an owner of land or an invitation or permission without price or fee to use land for recreational purposes when such invitation or permission is given for the purpose of sales promotion, advertising or public goodwill in fostering business purposes;
(2) "Land", all real property, land and water, and all structures, fixtures, equipment and machinery thereon;
(3) "Owner", any individual, legal entity or governmental agency that has any ownership or security interest whatever or lease or right of possession in land;
(4) "Recreational use", hunting, fishing, camping, picnicking, biking, nature study, winter sports, viewing or enjoying archaeological or scenic sites, or other similar activities undertaken for recreation, exercise, education, relaxation, or pleasure on land owned by another;
(5) "Trespasser", any person who enters on the property of another without permission and without an invitation, express or implied regardless of whether actual notice of trespass was given or the land was posted in accordance with the provisions of sections 569.140 and 569.145.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1996–2025 · leading case:
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001).
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001).
· cites it 34× “[1] Then on January 19, 2000, UEC amended its answer and included §§ 537.345 through 537.348, [2] the Recreational Use Act (RUA or the Act), as an affirmative defense.”
Angela Anderson v. Union Elec. Co., 463 S.W.3d 783 (Mo. 2015).
· cites it 16× “Background The Lake of the Ozarks (the “Lake”) is the impoundment created by Bagnell Dam, and both the Lake and the dam are owned by UE. The Lake extends more than 90 miles up the Osage River riverbed.”
Foster v. St. Louis Cnty., 239 S.W.3d 599 (Mo. 2007).
· cites it 6× “The circuit court found that the county was entitled to summary judgment because Foster’s claims were barred by the Missouri Recreational Use Act, sections 537.345, et. seq. 1 The judgment is affirmed.”
State Ex Rel. Young v. Wood, 254 S.W.3d 871 (Mo. 2008).
· cites it 4× “346, states: Except as provided in sections 537.345 to 537.348, an owner of land owes no duty of care to any person who enters on the land without charge to keep his land safe for recreational use or to give any general or specific warning with respect to any natural or…”
Fields v. Henrich, 208 S.W.3d 353 (Mo. Ct. App. 2006).
· cites it 4× “1 The trial court granted Plaintiffs’ motion for a new trial based on its erroneous application of the Missouri Recreational Land Use Act (RUA), section 537.345 through 537.348. 2 On appeal, Defendants claim that the trial court erred in granting the new trial asserting that the…”
Fields v. Henrich, 112 S.W.3d 50 (Mo. Ct. App. 2003).
· cites it 2× “They argued that the Missouri Recreational Land Use Act, section 537.345, et seq., RSMo 2000, 2 requires a finding of gross negligence before they can be held liable for Michael’s death.”
Backes v. United States (W.D. Mo. 2020).
· cites it 4× “Mo. Rev. Stat. § 537.345 . The dispute here concerns whether Defendant has opened its land to the public free of charge for recreational use in light of the fee charged to launch a boat from the boat ramp.”
— Mo. Rev. Stat. § 537.345(1) — 2 cases
Angela Anderson v. Union Elec. Co., 463 S.W.3d 783 (Mo. 2015).
“Background The Lake of the Ozarks (the “Lake”) is the impoundment created by Bagnell Dam, and both the Lake and the dam are owned by UE. The Lake extends more than 90 miles up the Osage River riverbed.”
— Mo. Rev. Stat. § 537.345(2) — 3 cases
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001).
“[1] Then on January 19, 2000, UEC amended its answer and included §§ 537.345 through 537.348, [2] the Recreational Use Act (RUA or the Act), as an affirmative defense.”
Angela Anderson v. Union Elec. Co., 463 S.W.3d 783 (Mo. 2015).
“Background The Lake of the Ozarks (the “Lake”) is the impoundment created by Bagnell Dam, and both the Lake and the dam are owned by UE. The Lake extends more than 90 miles up the Osage River riverbed.”
— Mo. Rev. Stat. § 537.345(4) — 2 cases
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001).
“[1] Then on January 19, 2000, UEC amended its answer and included §§ 537.345 through 537.348, [2] the Recreational Use Act (RUA or the Act), as an affirmative defense.”
Fields v. Henrich, 208 S.W.3d 353 (Mo. Ct. App. 2006).
“1 The trial court granted Plaintiffs’ motion for a new trial based on its erroneous application of the Missouri Recreational Land Use Act (RUA), section 537.345 through 537.348. 2 On appeal, Defendants claim that the trial court erred in granting the new trial asserting that the…”
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