08 LC 29
3129-EC
Senate
Bill 449
By:
Senators Heath of the 31st, Carter of the 13th, Tolleson of the 20th, Hooks of
the 14th, Hill of the 4th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating
to general provisions regarding torts, so as to limit liability of certain
landowners who permit persons to hunt on their property or allow persons on such
property for agritourism; to provide for a short title; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Landowners Protection Act of
2008."
SECTION
2.
Chapter
1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions regarding torts, is amended by adding a new Code section to read as
follows:
"51-1-52.
(a)
A landowner who allows a person to hunt on the owner´s property shall be
immune from civil liability for any acts done by such person on such property,
provided that the landowner´s conduct does not constitute gross negligence
or willful and wanton misconduct.
(b)
A landowner who allows a person to enter the owner´s property for purposes
related to agritourism, as such term is defined in subparagraph (p)(7)(B) of
Code Section 48-5-7.4, shall be immune from civil liability for any acts or
omissions of the landowner that do not constitute gross negligence or willful
and wanton misconduct."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.