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Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 2012 bottom

  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.

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(L. 1983 S.B. 162 § 1, A.L. 2012 S.B. 628)

(2007) Missouri Recreational Use Act does not violate equal protection by granting immunity to landowners in unincorporated but not incorporated areas or by granting immunity to landowners who open land to public at no charge but not to those who charge a fee for access. Foster v. St. Louis County, 239 S.W.3d 599 (Mo.banc).


---- end of effective   28 Aug 2012 ----

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