Does the recreational land immunity apply if the owner charges a fee?

What the Law Says

California Civil Code § 846 provides limited immunity to landowners who allow others to use their property for recreational purposes — but only if no fee is charged.

This law was enacted in 1972 to encourage landowners to open their rural or undeveloped land to the public for recreation without fear of lawsuits — as long as they don’t charge money.

The immunity applies only when the land is used for recreation (like hiking, fishing, or horseback riding) and the landowner does not charge any fee — whether directly for entry, use, or indirectly through required donations, mandatory parking fees, or other payments.

Importantly, the statute explicitly excludes protection if the landowner receives compensation — even a nominal or indirect fee.

Statutory Text

Except as specifically provided in this section, an owner of any estate or interest in any land, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purposes, except as provided in this section.

— Civil Code § 846 — Recreational Use Immunity

Statutory Text

This section does not limit the liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or for injury suffered in any case where permission to enter for the purpose of recreation was granted for a consideration other than the consideration, if any, paid to said landowner by the state, or where such landowner has expressly agreed to assume such duty.

— Civil Code § 846 — Recreational Use Immunity

What Courts Have Said

California courts have consistently held that any fee — even small or indirect — eliminates the protection of Civil Code § 846.

What to Do

Sources