08 SB449/FA/1
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
AS
PASSED SENATE
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 or fish 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 who is 16 years of age or older to hunt or fish
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 who is 16 years of age or older 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laws and parts of laws in conflict with this Act are repealed.