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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL IMMUNITIES (745 ILCS 65/) Recreational Use of Land and Water Areas Act. 745 ILCS 65/1
(745 ILCS 65/1) (from Ch. 70, par. 31)
Sec. 1. This Act shall be known and may be cited as the "Recreational
Use of Land and Water Areas Act".
The purpose of this Act is to encourage owners of land to make land
and water areas available to any individual or members of the public for recreational or conservation
purposes by limiting their liability toward persons entering thereon for
such purposes.
(Source: P.A. 94-625, eff. 8-18-05.)
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745 ILCS 65/2
(745 ILCS 65/2) (from Ch. 70, par. 32)
Sec. 2. As used in this Act, unless the context otherwise requires:
(a) "Land" includes roads, land, water, watercourses, | | private ways and buildings, structures, and machinery or equipment when attached to the realty, but does not include residential buildings or residential property.
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(b) "Owner" includes the possessor of any interest in
| | land, whether it be a tenant, lessee, occupant, the State of Illinois and its political subdivisions, or person in control of the premises.
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(c) "Recreational or conservation purpose" means:
(1) entry onto the land of another to conduct
| | hunting or recreational shooting or a combination thereof or any activity solely related to the aforesaid hunting or recreational shooting; or
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(2) entry by the general public onto the land of
| | another for any activity undertaken for conservation, resource management, educational, or outdoor recreational use.
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| (d) "Charge" means an admission fee for permission to
| | go upon the land, but does not include: the sharing of game, fish or other products of recreational use; or benefits to or arising from the recreational use; or contributions in kind, services or cash made for the purpose of properly conserving the land.
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(e) "Person" includes any person, regardless of age,
| | maturity, or experience, who enters upon or uses land for recreational purposes.
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(f) "Invites", for the purposes of this Act, means
| | the words or conduct of the owner would lead a reasonable person to believe that the owner desires the particular person to enter the land to the exclusion of the general public. No economic interest on the part of the owner is required.
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| (g) "Permits", for the purposes of this Act, means
| | the words or conduct of the owner would lead a reasonable person to believe that the owner is willing to allow the general public to enter the land. The words or conduct of the owner inviting (i) the general public to enter the land or (ii) particular persons to enter the land for a recreational or conservation purpose as defined in paragraph (1) of subsection (c) of this Section shall be construed as "permits" for purposes of this Act.
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| The changes to this Section made by this amendatory Act of the 98th General Assembly apply only to causes of action accruing on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-522, eff. 1-1-14.)
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745 ILCS 65/3
(745 ILCS 65/3) (from Ch. 70, par. 33)
Sec. 3.
Except as specifically recognized by or provided in Section 6 of
this Act, an owner of land owes no duty of care to keep the premises safe
for entry or use by any person for recreational or conservation
purposes, or to give any warning of a natural or artificial dangerous
condition, use, structure, or activity on such premises to persons entering
for such purposes.
(Source: P.A. 85-959.)
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745 ILCS 65/4
(745 ILCS 65/4) (from Ch. 70, par. 34)
Sec. 4.
Except as specifically recognized by or provided in Section 6 of
this Act, an owner of land who
permits without charge any person to use such property for recreational
or conservation purposes does not thereby:
(a) Extend any assurance that the premises are safe | |
(b) (Blank).
(c) Assume responsibility for or incur liability for
| | any injury to person or property caused by an act or omission of such person or any other person who enters upon the land.
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(d) Assume responsibility for or incur liability for
| | any injury to such person or property caused by any natural or artificial condition, structure or personal property on the premises.
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The changes to this Section made by this amendatory Act of the 98th General Assembly apply only to causes of action accruing on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-522, eff. 1-1-14.)
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745 ILCS 65/5
(745 ILCS 65/5) (from Ch. 70, par. 35)
Sec. 5.
Unless otherwise agreed in writing, the provisions of Sections 3
and 4 of this Act are applicable to the duties and liability of an owner
of land leased to the State or any subdivision thereof for recreational
or conservation purposes.
(Source: P.A. 85-959.)
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745 ILCS 65/6
(745 ILCS 65/6) (from Ch. 70, par. 36)
Sec. 6.
Nothing in this Act limits in any way any liability which otherwise
exists:
(a) For willful and wanton failure to guard or warn | | against a dangerous condition, use, structure, or activity.
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(b) For injury suffered in any case where the owner
| | of land invites, as defined in subsection (f) of Section 2 of this Act, or charges the person or persons who enter or go on the land for the recreational use thereof.
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The changes to this Section made by this amendatory Act of the 98th General Assembly apply only to causes of action accruing on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-522, eff. 1-1-14.)
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745 ILCS 65/7
(745 ILCS 65/7) (from Ch. 70, par. 37)
Sec. 7. Nothing in this Act shall be construed to:
(a) (Blank).
(b) Relieve any person using the land of another for | | recreational purposes from any obligation which he may have in the absence of this Act to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.
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| The changes to this Section made by this amendatory Act of the 98th General Assembly apply only to causes of action accruing on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-522, eff. 1-1-14.)
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