N.D. Cent. Code » Chapter t53c08
North Dakota Century Code

N.D. Cent. Code § 53-08-01 (2026)

Definitions

✓ current as of May 2026
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In this chapter, unless the context or subject matter otherwise requires:

1. "Charge" means the amount of money asked in return for an invitation to enter or go upon the land. "Charge" does not include vehicle, parking, shelter, or other similar fees required by any public entity.

2. "Commercial purpose" means a deliberative decision of an owner to invite or permit the use of the owner's property for normal business transactions, including the buying and selling of goods and services. The term includes any decision of an owner to invite members of the public onto the premises for recreational purposes as a means of encouraging business transactions or directly improving the owner's commercial activities other than through good will. "Commercial purpose" does not include the operation of public lands by a public entity except any direct activity for which there is a charge for goods or services.

3. "Land" includes all public and private land, roads, water, watercourses, and ways and buildings, structures, and machinery or equipment thereon.

4. "Owner" includes tenant, lessee, occupant, or person in control of the premises.

5. "Recreational purposes" includes any activity engaged in for the purpose of exercise, relaxation, pleasure, or education. \n

Notes of Decisions
Cited in 13 cases, 1969–2016 · leading case: Leet v. City of Minot, 2006 ND 191 (N.D. 2006).
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Leet v. City of Minot, 2006 ND 191 (N.D. 2006). · cites it 20× “In 1995, the Legislature changed the definition of "[l]and" in N.D.C.C. § 53-08-01 to include "all public and private land," and amended the definition of "[r]ecreational purposes" to its present form.”
Kappenman v. Klipfel, 2009 ND 89 (N.D. 2009). · cites it 22× “162, § 7, amending subsection 2 of N.D.C.C. § 53-08-01. That same section also amended subsection 4 of § 53-08-01 to define "Recreational purposes" to include "any activity engaged in for the purpose of exercise, relaxation, pleasure, or education.”
Hovland v. City of Grand Forks, 1997 ND 95 (N.D. 1997). · cites it 24× “" [7] This list is not exhaustive, and thus does not include bike paths.”
M.M. v. Fargo Pub. Sch. Dist. No. 1, 2010 ND 102 (N.D. 2010). · cites it 14× “” N.D.C.C. § 53-08-01(2). An “[o]wner” is defined as including a “tenant, lessee, occupant, or person in control of the premises.”
Olson v. Bismarck Parks & Rec. Dist., 2002 ND 61 (N.D. 2002). · cites it 12× “N.D.C.C. § 53-08-01. [¶ 6] Almost all states have statutes that limit a landowner's liability for personal injury suffered by a person using the land recreationally.”
Schmidt v. Gateway Cmty. Fellowship, 2010 ND 69 (N.D. 2010). · cites it 20× “[¶ 12] For purposes of the recreational use immunity statutes, N.D.C.C. § 53-08-01, provides: 1. "Charge" means the amount of money asked in return for an invitation to enter or go upon the land.”
Stokka v. Cass Cnty. Elec. Coop., Inc., 373 N.W.2d 911 (N.D. 1985). · cites it 4× “Stokka asserts that if the term "roads" in § 53-08-01, N.D.C.C., is interpreted to include public highways, then counties would have no duty to keep public highways safe for entry or use for recreational purposes, except for a "[w]illful or malicious failure to guard or warn…”
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001). · cites it 2× “§§ 38A-1 to -4 (1999); N.D. Cent.Code §§ 53-08-01 to -06 (1999); Ohio Rev.”
Conway v. Town of Wilton, 680 A.2d 242 (Conn. 1996). “1995); N.D. Cent. Code §§ 53-08-01 through 53-08-06 (1989 and Sup.”
Woody v. Pembina Cnty. Annual Fair & Exhibition Ass'n, 2016 ND 56 (N.D. 2016). · cites it 11× “Section 53-08-01(1) defines “charge” as “the amount of money asked in return for an invitation to enter or go upon the land [but'] doés not include vehicle, parking, shelter, or other similar fees required by any public entity.”
Crawford v. Tilley, 780 P.2d 1248 (Utah 1989). “See N.D.Cent.Code §§ 53-08-01 to 53-08-06 (1965); Wyo.”
Garfield v. United States, 297 F. Supp. 891 (W.D. Wis. 1969). “7 (1966); N.D.Cent.Code §§ 53-08-01 to 53-08-06 (Supp.”
Show all 13 citing cases →
— N.D. Cent. Code § 53-08-01(1) — 3 cases
Hovland v. City of Grand Forks, 1997 ND 95 (N.D. 1997). “" [7] This list is not exhaustive, and thus does not include bike paths.”
Schmidt v. Gateway Cmty. Fellowship, 2010 ND 69 (N.D. 2010). “[¶ 12] For purposes of the recreational use immunity statutes, N.D.C.C. § 53-08-01, provides: 1. "Charge" means the amount of money asked in return for an invitation to enter or go upon the land.”
Woody v. Pembina Cnty. Annual Fair & Exhibition Ass'n, 2016 ND 56 (N.D. 2016). “Section 53-08-01(1) defines “charge” as “the amount of money asked in return for an invitation to enter or go upon the land [but'] doés not include vehicle, parking, shelter, or other similar fees required by any public entity.”
— N.D. Cent. Code § 53-08-01(2) — 5 cases
Kappenman v. Klipfel, 2009 ND 89 (N.D. 2009). “162, § 7, amending subsection 2 of N.D.C.C. § 53-08-01. That same section also amended subsection 4 of § 53-08-01 to define "Recreational purposes" to include "any activity engaged in for the purpose of exercise, relaxation, pleasure, or education.”
M.M. v. Fargo Pub. Sch. Dist. No. 1, 2010 ND 102 (N.D. 2010). “” N.D.C.C. § 53-08-01(2). An “[o]wner” is defined as including a “tenant, lessee, occupant, or person in control of the premises.”
Hovland v. City of Grand Forks, 1997 ND 95 (N.D. 1997). “" [7] This list is not exhaustive, and thus does not include bike paths.”
Schmidt v. Gateway Cmty. Fellowship, 2010 ND 69 (N.D. 2010). “[¶ 12] For purposes of the recreational use immunity statutes, N.D.C.C. § 53-08-01, provides: 1. "Charge" means the amount of money asked in return for an invitation to enter or go upon the land.”
Woody v. Pembina Cnty. Annual Fair & Exhibition Ass'n, 2016 ND 56 (N.D. 2016). “Section 53-08-01(1) defines “charge” as “the amount of money asked in return for an invitation to enter or go upon the land [but'] doés not include vehicle, parking, shelter, or other similar fees required by any public entity.”
— N.D. Cent. Code § 53-08-01(3) — 3 cases
Kappenman v. Klipfel, 2009 ND 89 (N.D. 2009). “162, § 7, amending subsection 2 of N.D.C.C. § 53-08-01. That same section also amended subsection 4 of § 53-08-01 to define "Recreational purposes" to include "any activity engaged in for the purpose of exercise, relaxation, pleasure, or education.”
Schmidt v. Gateway Cmty. Fellowship, 2010 ND 69 (N.D. 2010). “[¶ 12] For purposes of the recreational use immunity statutes, N.D.C.C. § 53-08-01, provides: 1. "Charge" means the amount of money asked in return for an invitation to enter or go upon the land.”
M.M. v. Fargo Pub. Sch. Dist. No. 1, 2010 ND 102 (N.D. 2010). “” N.D.C.C. § 53-08-01(2). An “[o]wner” is defined as including a “tenant, lessee, occupant, or person in control of the premises.”
— N.D. Cent. Code § 53-08-01(4) — 4 cases
Leet v. City of Minot, 2006 ND 191 (N.D. 2006). “In 1995, the Legislature changed the definition of "[l]and" in N.D.C.C. § 53-08-01 to include "all public and private land," and amended the definition of "[r]ecreational purposes" to its present form.”
Hovland v. City of Grand Forks, 1997 ND 95 (N.D. 1997). “" [7] This list is not exhaustive, and thus does not include bike paths.”
M.M. v. Fargo Pub. Sch. Dist. No. 1, 2010 ND 102 (N.D. 2010). “” N.D.C.C. § 53-08-01(2). An “[o]wner” is defined as including a “tenant, lessee, occupant, or person in control of the premises.”
Kappenman v. Klipfel, 2009 ND 89 (N.D. 2009). “162, § 7, amending subsection 2 of N.D.C.C. § 53-08-01. That same section also amended subsection 4 of § 53-08-01 to define "Recreational purposes" to include "any activity engaged in for the purpose of exercise, relaxation, pleasure, or education.”
— N.D. Cent. Code § 53-08-01(5) — 1 case
Woody v. Pembina Cnty. Annual Fair & Exhibition Ass'n, 2016 ND 56 (N.D. 2016). “Section 53-08-01(1) defines “charge” as “the amount of money asked in return for an invitation to enter or go upon the land [but'] doés not include vehicle, parking, shelter, or other similar fees required by any public entity.”
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