N.M. Stat. » N.M. Stat. / Chapter 17 / Article 4
New Mexico Statutes

N.M. Stat. § 17-4-7 (2026)

Liability of landowner permitting persons to hunt, fish or

✓ current as of May 2026
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use lands for recreation; duty of care; exceptions.
    A. Any owner, lessee or person in control of lands who, without charge or other
consideration, other than a consideration paid to the landowner by the state, the federal
government or any other governmental agency, grants permission to any person or
group to use the owner's, lessee's or land controller's lands for the purpose of hunting,
fishing, trapping, camping, hiking, sightseeing, the operation of aircraft, cave exploring
or any other recreational use does not thereby:

       (1)    extend any assurance that the premises are safe for such purpose;

       (2)    assume any duty of care to keep such lands safe for entry or use;

      (3)   assume responsibility or liability for any injury or damage to or caused by
such person or group; or

       (4)   assume any greater responsibility, duty of care or liability to such person
or group than if permission had not been granted and the person or group were
trespassers.

   B. This section shall not limit the liability of any landowner, lessee or person in
control of lands that may otherwise exist by law for injuries to any person granted
permission to hunt, fish, trap, camp, hike, sightsee, operate aircraft, explore caves or
use the land for recreation in exchange for a consideration, other than a consideration
paid to the landowner by the state, the federal government or any other governmental
agency.

   C. For the purposes of this section, "cave" means a natural, geologically formed
void or cavity beneath the surface of the earth, but does not mean a mine, tunnel,
aqueduct or other manmade excavation.

History: 1953 Comp., § 53-4-5.1, enacted by Laws 1967, ch. 6, § 1; 2011, ch. 63, § 1;
2019, ch. 24, § 1.

                                     ANNOTATIONS

The 2019 amendment, effective June 14, 2019, limited the liability of landowners
permitting persons to explore caves on private property, and defined "cave"; in
Subsection A, after "operation of aircraft", added "cave exploring"; in Subsection B, after
"operate aircraft", added "explore caves"; and added Subsection C.
The 2011 amendment, effective June 17, 2011, limited the liability of owners, lessees
and persons in control of land who, without consideration, permit the use of the land by
others for the operation of aircraft.

Organized team sports not a protected activity. — Protections of the statute apply
only when landowners allow free public access for a limited range of outdoor activities,
and organized team sports do not fall within that range of activities. Lucero v.
Richardson & Richardson, Inc., 2002-NMCA-013, 131 N.M. 522, 39 P.3d 739, cert.
denied, 131 N.M. 737, 42 P.3d 842.

Comparison with off-highway recreational vehicle use statute. — Since the general
recreational land use statute contained in Section 17-4-7 NMSA 1978 broadly
immunizes landowners who permit entry upon their lands for "any . . . recreational use",
the legislature in adopting Section 66-3-101 NMSA 1978, obviously intended to extend
the immunity of landowners as to claims resulting from injuries to operators or
passengers of off-highway recreational vehicles beyond that provided by Section 17-4-7
NMSA 1978. Matthews v. State, 1991-NMCA-116, 113 N.M. 291, 825 P.2d 224.

United States liability. — The United States was not liable under the New Mexico
recreational use statute, Section 17-4-7 NMSA 1978, for the plaintiff's injuries resulting
from a diving accident in a national forest since the United States was exempt from
liability under the New Mexico statute. Maldonado v. United States, 893 F.2d 267 (10th
Cir. N.M. 1990).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 Am. Jur. 2d Premises Liability § 156
et seq.

65 C.J.S. Negligence § 10.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1984–2021 · leading case: Lucero v. Richardson & Richardson, Inc., 2002 NMCA 013 (N.M. Ct. App. 2001).
Sort: Relevance Newest Treatment
Lucero v. Richardson & Richardson, Inc., 2002 NMCA 013 (N.M. Ct. App. 2001). · cites it 9× “Defendant filed a motion for summary judgment, asserting that it was immune from liability under the Recreational Use Statute, NMSA 1978, § 17-4-7 (1967), which limits the liability of landowners who allow the public to use their land free of charge for recreational purposes.”
Matthews v. State, 825 P.2d 224 (N.M. Ct. App. 1991). · cites it 7× “A comparison of the two recreational land use statutes (Sections 17-4-7 and 66-3-1013) in effect at the time of plaintiff’s accident indicates that the legislature, in enacting its more recent statute relating to off-highway motor vehicles, intended to further expand the scope…”
Vandolsen Ex Rel. Price v. Constructors, Inc., 678 P.2d 1184 (N.M. Ct. App. 1984). · cites it 6× “NMSA 1978, § 17-4-7. Section 17-4-7 limits the liability of landowners who allow recreational use of their lands where no fee is charged.”
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001). · cites it 2× “§§ 2A:42A 2 to -10 (West 2000); N.M. Stat. Ann. § 17-4-7 (Michie 1995); N.”
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). “§ 2A:42A-2 (West 2010) (“and any other outdoor sport”); N.M. Stat. Ann. § 17-4-7 (2012) (“or any other recreational use”); Va.”
Martin v. Middle Rio Grande Conservancy Dist., 194 P.3d 766 (N.M. Ct. App. 2008). · cites it 2× “3d 739 , we devoted extensive dicta to a discussion of whether the legislature intended our Recreational Use Statute, NMSA 1978, § 17-4-7(A) (1967) (RUS), which is a companion statute to the OHMVA, to apply to public as well as private landowners.”
Jimmy Maldonado v. United States, 893 F.2d 267 (10th Cir. 1990). “Plaintiff-Appellant Jimmy Maldonado appeals from the district court’s ruling finding no liability on the part of the United States under the New Mexico Recreational Use Statute (NMRUS), NMSA § 17-4-7 (1978 Ann.) 1 for the plaintiffs injuries re- *268 suiting from a diving…”
Rivero v. Lovington Country Club, Inc., 1997 NMCA 114 (N.M. Ct. App. 1997). · cites it 2× “We also note that this definition does not lead to less immunity than that provided by NMSA 1978, Section 17-4-7 (1967) which generally limits the liability of landowners who permit their lands to be used for recreational purposes without consideration.”
Hugo v. United States (D.N.M. 2021). · cites it 3× “1978 § 17-4-7 (2019), and Off-Highway Motor Vehicle Liability Statute (“OHMVS”), N.”
— N.M. Stat. § 17-4-7(A) — 3 cases
Lucero v. Richardson & Richardson, Inc., 2002 NMCA 013 (N.M. Ct. App. 2001). “Defendant filed a motion for summary judgment, asserting that it was immune from liability under the Recreational Use Statute, NMSA 1978, § 17-4-7 (1967), which limits the liability of landowners who allow the public to use their land free of charge for recreational purposes.”
Martin v. Middle Rio Grande Conservancy Dist., 194 P.3d 766 (N.M. Ct. App. 2008). “3d 739 , we devoted extensive dicta to a discussion of whether the legislature intended our Recreational Use Statute, NMSA 1978, § 17-4-7(A) (1967) (RUS), which is a companion statute to the OHMVA, to apply to public as well as private landowners.”
Matthews v. State, 825 P.2d 224 (N.M. Ct. App. 1991). “A comparison of the two recreational land use statutes (Sections 17-4-7 and 66-3-1013) in effect at the time of plaintiff’s accident indicates that the legislature, in enacting its more recent statute relating to off-highway motor vehicles, intended to further expand the scope…”
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