Virginia Code

Va. Code Ann. § 29.1-509 (2026)

Duty of care and liability for damages of landowners to hunters, fishermen, sightseers, etc

✓ current as of May 2026

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A. For the purpose of this section:

"Fee" means any payment or payments of money to a landowner for use of the premises or in order to engage in any activity described in subsections B and C, but does not include license fees, insurance fees, handling fees, transaction fees, administrative fees, rentals or similar fees received by a landowner from governmental, not-for-profit, or private sources, or payments received by a landowner for rights of ingress and egress or from incidental sales of forest products to an individual for his personal use, or any action taken by another to improve the land or access to the land for the purposes set forth in subsections B and C or remedying damage caused by such uses.

"Land" or "premises" means real property or right-of-way, whether rural or urban, waters, boats, private ways, natural growth, trees, railroad property, railroad right-of-way, utility corridor, and any building or structure which might be located on such real property, waters, boats, private ways and natural growth.

"Landowner" means the legal title holder, any easement holder, lessee, occupant or any other person in control of land or premises, including railroad rights-of-way.

"Low-head dam" means a dam that is built across a river or stream for the purpose of impounding water where the impoundment, at normal flow levels, is completely within the banks, and all flow passes directly over the entire dam structure within the banks, excluding abutments, to a natural channel downstream.

B. A landowner shall owe no duty of care to keep land or premises safe for entry or use by others for hunting, fishing, trapping, camping, participation in water sports, boating, hiking, rock climbing, sightseeing, hang gliding, skydiving, horseback riding, foxhunting, racing, bicycle riding or collecting, gathering, cutting or removing firewood, for any other recreational use, for ingress and egress over such premises to permit passage to other property used for recreational purposes or for use of an easement granted to the Commonwealth or any agency thereof or any not-for-profit organization granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code to permit public passage across such land for access to a public park, historic site, or other public recreational area. No landowner shall be required to give any warning of hazardous conditions or uses of, structures on, or activities on such land or premises to any person entering on the land or premises for such purposes, except as provided in subsection D. The provisions of this subsection apply without regard to whether the landowner has given permission to a person to use their land for recreational purposes.

C. Any landowner who gives permission, express or implied, to another person to hunt, fish, launch and retrieve boats, swim, ride, foxhunt, trap, camp, hike, bicycle, rock climb, hang glide, skydive, sightsee, engage in races, to collect, gather, cut or remove forest products upon land or premises for the personal use of such person, or for the use of an easement or license as set forth in subsection B does not thereby:

1. Impliedly or expressly represent that the premises are safe for such purposes; or

2. Constitute the person to whom such permission has been granted an invitee or licensee to whom a duty of care is owed; or

3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D.

D. Nothing contained in this section, except as provided in subsection E, shall limit the liability of a landowner which may otherwise arise or exist by reason of his gross negligence or willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. The provisions of this section shall not limit the liability of a landowner which may otherwise arise or exist when the landowner receives a fee for use of the premises or to engage in any activity described in subsections B and C. Nothing contained in this section shall relieve any sponsor or operator of any sporting event or competition including but not limited to a race or triathlon of the duty to exercise ordinary care in such events. Nothing contained in this section shall limit the liability of an owner of a low-head dam who fails to implement safety measures described in subsection F.

E. For purposes of this section, whenever any landowner has entered into an agreement with, or grants an easement or license to, the Commonwealth or any agency thereof, any locality, any not-for-profit organization granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code, or any local or regional authority created by law for public park, historic site, or recreational purposes, concerning the use of, or access over, his land by the public for any of the purposes enumerated in subsections B and C, such landowner shall be immune from liability to any member of the public arising out of such member's use of such land for any such purpose, and the government, agency locality, not-for-profit organization, or authority with which the agreement is made shall indemnify and hold the landowner harmless from all liability and be responsible for providing, or for paying the cost of, all reasonable legal services required by any person entitled to the benefit of this section as the result of a claim or suit attempting to impose liability. Any action against the Commonwealth, or any agency thereof, shall be subject to the provisions of the Virginia Tort Claims Act (§ 8.01-195.1 et seq.). Any provisions in a lease or other agreement which purports to waive the benefits of this section shall be invalid, and any action against any county, city, town, or local or regional authority shall be subject to the provisions of § 15.2-1809, where applicable.

F. Any owner of a low-head dam may mark the areas above and below the dam and on the banks immediately adjacent to the dam with signs and buoys of a design and content, in accordance with the regulations of the Board, to warn the swimming, fishing, and boating public of the hazards posed by the dam. Any owner of a low-head dam who marks a low-head dam in accordance with this subsection shall be deemed to have met the duty of care for warning the public of the hazards posed by the dam. Any owner of a low-head dam who fails to mark a low-head dam in accordance with this subsection shall be presumed not to have met the duty of care for warning the public of the hazards posed by the dam.

Code 1950, §§ 8-654.2, 29-130.2; 1962, c. 545; 1964, c. 435; 1977, c. 624; 1979, c. 276; 1980, c. 560; 1982, c. 29; 1983, c. 283; 1987, c. 488; 1988, c. 191; 1989, cc. 26, 500, 505; 1990, cc. 799, 808; 1991, c. 305; 1992, c. 285; 1994, c. 544; 2007, c. 664; 2010, c. 43; 2017, c. 366.

Notes of Decisions

Cited in 21 cases (7 in the last 5 years), 1989–2023 · leading case: Peerless Ins. Co. v. Cnty. of Fairfax, 645 S.E.2d 478 (Va. 2007).

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Peerless Ins. Co. v. Cnty. of Fairfax, 645 S.E.2d 478 (Va. 2007). · cites it 17× “The Second Amended Motion for Judgment fails to state a cause of action because as the plaintiffs allege in ¶ 13 that Adam Afzall was "playing along an outdoor recreational path that is the subject of a storm water detention easement, owned and maintained by Fairfax County," and…”

City of Virginia Beach v. Flippen, 467 S.E.2d 471 (Va. 1996). · cites it 16× “Accordingly, the City asserts that it comes within the definition of a landowner in that it was “in control of [the] land or premises” as contemplated by Code § 29.1-509. In response, Flippen contends that Code § 29.”

Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001). · cites it 2× “§§ 70-7-101 to -105 (1995); Tex. Civ. Prac. & Rem. Code Ann.”

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). “§ 17-4-7 (2012) (“or any other recreational use”); Va.Code Ann. § 29.1-509(B) (2011) (“for any other recreational use”); see also Ariz.”

Shoemaker v. Funkhouser (Va. 2021). · cites it 50× “The Funkhousers filed a demurrer, contending that the complaint was barred because the Funkhousers did not owe Nesselrodt or any of her visitors a duty, and, in addition, the immunity afforded to landowners by the Recreational Land Use Act, Code § 29.”

Callahan v. Fairfax Cnty. Park Auth., 32 Va. Cir. 212 (Fairfax Cir. Ct. 1993). · cites it 6× “Va. Code § 29.1-509 provides that: “Land” or “premises” means real property, whether rural or urban, waters, boats, private ways, natural growth, trees and any building or structure which might be located on such real property, waters, boats, private ways and natural growth.”

Hiett v. Barcroft Beach, Inc., 22 Va. Cir. 240 (Fairfax Cir. Ct. 1990). · cites it 2× “Code Section 29.1-509). The defendants have also raised the issue of the statute of limitations as it applies to the allegations of constructive fraud.”

Sheppard v. Fairfax Cnty. Park Auth., 51 Va. Cir. 152 (Fairfax Cir. Ct. 1999). · cites it 37× “2-1809, Va. Code § 29.1-509, and the doctrine of sovereign immunity.”

Kabana v. United States (E.D. Va. 2021). · cites it 13× “Code § 29.1-509,’ bars Kabana’s claim of ordinary negligence, and that she otherwise fails to state a 6 In this action brought under the FTCA, the Court must apply the law of the place “where the act or omission occurred.”

Kabana v. United States (E.D. Va. 2022). · cites it 11× “Code § 29.1-509,’ (the “VRUS”) barred Kabana’s claim of ordinary negligence, and that she otherwise fails to state a claim of gross negligence.”

Pearsall v. Fairfax Cnty., 47 Va. Cir. 74 (Fairfax Cir. Ct. 1998). · cites it 6× “” However, subsection (D) of § 29.1-509 provides that a landowner is not entitled to limited liability when file landowner receives a fee for the use of the premises.”

Kabana v. United States (E.D. Va. 2022). · cites it 6× “) On May 17, 2021, the Court granted the United States’ First Motion to Dismiss without prejudice.”

Show all 21 citing cases →

— Va. Code Ann. § 29.1-509(A) — 3 cases

City of Virginia Beach v. Flippen, 467 S.E.2d 471 (Va. 1996). “Accordingly, the City asserts that it comes within the definition of a landowner in that it was “in control of [the] land or premises” as contemplated by Code § 29.1-509. In response, Flippen contends that Code § 29.”

Peerless Ins. Co. v. Cnty. of Fairfax, 645 S.E.2d 478 (Va. 2007). “The Second Amended Motion for Judgment fails to state a cause of action because as the plaintiffs allege in ¶ 13 that Adam Afzall was "playing along an outdoor recreational path that is the subject of a storm water detention easement, owned and maintained by Fairfax County," and…”

Shoemaker v. Funkhouser (Va. 2021). “The Funkhousers filed a demurrer, contending that the complaint was barred because the Funkhousers did not owe Nesselrodt or any of her visitors a duty, and, in addition, the immunity afforded to landowners by the Recreational Land Use Act, Code § 29.”

— Va. Code Ann. § 29.1-509(B) — 8 cases

Kabana v. United States (E.D. Va. 2021). “Code § 29.1-509,’ bars Kabana’s claim of ordinary negligence, and that she otherwise fails to state a 6 In this action brought under the FTCA, the Court must apply the law of the place “where the act or omission occurred.”

Kabana v. United States (E.D. Va. 2022). “Code § 29.1-509,’ (the “VRUS”) barred Kabana’s claim of ordinary negligence, and that she otherwise fails to state a claim of gross negligence.”

— Va. Code Ann. § 29.1-509(C) — 4 cases

Dilliraj Bista v. Commonwealth of Virginia (Va. Ct. App. 2022).

Dilliraj Bista v. Commonwealth of Virginia (Va. Ct. App. 2023).

— Va. Code Ann. § 29.1-509(D) — 2 cases

Sheppard v. Fairfax Cnty. Park Auth., 51 Va. Cir. 152 (Fairfax Cir. Ct. 1999). “2-1809, Va. Code § 29.1-509, and the doctrine of sovereign immunity.”

— Va. Code Ann. § 29.1-509(E) — 2 cases

Pearsall v. Fairfax Cnty., 47 Va. Cir. 74 (Fairfax Cir. Ct. 1998). “” However, subsection (D) of § 29.1-509 provides that a landowner is not entitled to limited liability when file landowner receives a fee for the use of the premises.”

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