258.100. Trail, definition--immunity from civil liability for adjoining landowners, when. - Missouri Statutes

Trail, definition--immunity from civil liability for adjoininglandowners, when.

258.100. 1. As used in this section, the word "trail" means any landwhich was acquired or utilized by the state for use as a public hiking,biking or recreational trail or any land or interest therein acquired orutilized hereafter by a political subdivision for use as a public hiking,biking or recreational trail. However, a trail not acquired by the statemust be designated by the governing body of the political subdivision as agreenway system of trails or part of a dedicated system of trails, theacquisition conveyance whether by deed, easement agreement, grant,assignment, or reservation of rights to the political subdivision muststate the interest in the land is being granted for such purposes, thegreenway system or dedicated system of trails must be designed exclusivelyfor the purposes herein designated, and shall not include roads or streets,nor sidewalks, walkways or paths which are intended to connectneighborhoods for pedestrian traffic, such as common sidewalks or walkways.

2. Any person owning land adjoining the trail shall be immune fromcivil liability for injuries to person or property of persons trespassingor entering on such person's land without implied or expressed permission,invitation, or consent where:

(1) The person who was injured entered the land by way of the trail;and

(2) Such person was subsequently injured on lands adjoining thetrail.

3. The immunity created by this section does not apply if theinjuries were caused by:

(1) The intentional or unlawful act of the owner or possessor of suchland; or

(2) The willful or wanton act of the owner or possessor of such land.

(L. 1990 H.B. 1669 § 1, A.L. 1993 S.B. 221, A.L. 1994 H.B. 1115, A.L. 2004 S.B. 810)