New Jersey Statutes
N.J. Stat. § 59:4-8 (2026)
Condition of unimproved public property--immunity
✓ current as of May 2026
Neither a public entity nor a public employee is liable for an injury caused by a condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river or beach.
Notes of Decisions
Cited in 18
cases (4 in the last 5 years), 1978–2022 · leading case: Nos. 95-5067, 95-5078, 72 F.3d 385 (3d Cir. 1995).
Nos. 95-5067, 95-5078, 72 F.3d 385 (3d Cir. 1995). “In particular dispute is N.J.S.A. 59:4-8, which confers immunity from liability for injuries caused by a condition of unimproved public property.”
Troth v. State, 566 A.2d 515 (N.J. 1989). “] When explaining the purpose of these two sections, the Attorney General's Task Force commented: Sections 59:4-8 and 59:4-9 reflect the policy determination that it is desirable to permit the members of the public to use public property in its natural condition and that the…”
Fluehr v. City of Cape May, 732 A.2d 1035 (N.J. 1999). “Thus, in sections 59:4-8 and 59:4-9 a public entity is provided an absolute immunity irrespective *1040 of whether a particular condition is a dangerous one.”
Littleton v. State, 656 P.2d 1336 (Haw. 1982). “2 (West 1963); N.J. Stat. Ann. § 59:4-8 (West 1972). We must recognize that this case involves a naturally occurring and recurring problem: the presence of logs in the waters off Ewa Beach.”
Kowalsky v. Long Beach Twp., 72 F.3d 385 (3d Cir. 1995). “In particular dispute is N.J.S.A. 59:4-8, which confers immunity from liability for injuries caused by a condition of unimproved public property.”
Kleinke v. City of Ocean City, 394 A.2d 1257 (N.J. Super. Ct. App. Div. 1978). “59:4-8 reads: Neither a public entity nor a public employee is liable for an injury caused by a condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river or beach.”
Aversano v. Palisades Interstate, 832 A.2d 914 (N.J. Super. Ct. App. Div. 2003). “59:4-8 and -9, the Attorney General's Task Force commented: Sections 59:4-8 and 59:4-9 reflect the policy determination that it is desirable to permit the members of the public to use public property in its natural condition and that the burdens and expenses of putting such…”
Freitag v. Cnty. of Morris, 426 A.2d 75 (N.J. Super. Ct. App. Div. 1981). “The comment to these statutes, taken from the Report of the Attorney General’s Task Force on Sovereign Immunity (May 1972), states the underlying rationale as follows: Sections 59:4-8 and 59:4—9 reflect the policy determination that it is desirable to permit the members of the…”
Rosario v. City of Union City Police Dep't, 131 F. App'x 785 (3d Cir. 2005). “Considering the application of discretionary immunity to plaintiffs’ claims of negligence in addressing a medical emergency, the court stated: There is precedent for finding police hable for negligent performance of rescue duties.”
Kleinke v. City of Ocean City, 394 A.2d 1257 (N.J. Super. Ct. App. Div. 1978). “59:4^8: * * * Thus in sections 59:4-8 and 59:4r-9 a public 'entity is provided an absolute immunity irrespective of whether a particular condition is a dangerous one.”
Carol Leonard, Etc. Vs. City of New Brunswick (l-4433-14, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “Particularly, the parties dispute the application of N.J.S.A. 59:4-8, which immunizes public entities from injuries caused by conditions on their unimproved public properties.”
Bilyeu v. Ocean City Pol Dept, 199 F. App'x 182 (3d Cir. 2006). “Bilyeu drowned in the Atlantic Ocean, which is “unimproved” property under the terms of N.J.S.A. § 59:4-8. The United States District Court had diversity jurisdiction pursuant to 28 U.”
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