Illinois Laws Create New Threats to Farm Tresspassers
D. L. Uchtmann
ALTB_05-04, December 2005
This article summarizes the impacts of 2005 Illinois legislation on trespassers who enter agricultural lands. By making parents and vehicle owners civilly liable for damage caused by farm trespassers under 16 who use a motor vehicle (e.g., an ATV) and by stiffening criminal penalties for criminal trespass and criminal damage to property, the Illinois legislature has created three expanded threats to would-be trespassers on certain agricultural property.
New Recreational Use Act Rules for IIlinois Landowner Liability:
Two Steps Forward, One Step Back
A. Bryan Endres and D. L. Uchtmann
ALTB_05-02, November 2005
Recent amendments to the Illinois Recreational Use Act have reduced the liability risk for Illinois landowners and tenants who, at no charge, allow others on their lands for hunting and recreational shooting. However, the amendments do not reduce landowner’s liability risk if the entrant is on the property for other recreational purposes like fishing or hiking (not hunting and recreational shooting). In some circumstances, a landowner’s liability risk is actually increased.
Liability Risk and Recreational Use of Land after Hall v. Henn: Illinois Landowners Beware
D. L. Uchtmann and A. Bryan Endres
ALTB_04-10, May 2004
This six-page article discusses general principles of liability affecting a landowner, how the Illinois Recreation Use Act can reduce a landowner's risk of liability, how a recent Illinois Supreme Court decision limits the liability protection previously available from the Act, and how the Hall v. Henn decision has created a new decision-making framework for landowners when deciding whether to say “yes” if persons ask to use Landowner's property for recreational purposes. Landowners should reassess, perhaps in consultation with their legal advisor and insurance representative, whether they will continue to make their lands available to others for hiking, hunting, fishing, or other recreational purposes. A separate article (titled "Recreational Use of Land & Liability Risk: Is New Legislation Needed?") suggested a potential amendment to the Illinois Recreational Use Act (and is available in the Policy section of farmdoc at http://www.farmdoc.uiuc.edu/policy/digest/pdfs/policy_irpd-su2004.pdf).
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