Cary wrote:
I think I made it clear that I am not conversant in Idaho law. What I described, therefore, is the common law issue of trespassers vs. licensees vs. invitees, somewhat generically. Quoting a statute is not a good way of conducting legal research, as the courts have a tendency to construe things a bit different from what the legislatures appear to have said. So I would not be willing to accept that quoted statute as fully protecting a landowner without further research.
We are not aware of anyone being successfully sued when the basic provisions are met.
However, it is a good start, and so I looked it up--it is Idaho Code § 36-1604. Singularly, a very important caveat which every Idaho landowner should be aware of is this: The protections of the statute do not "Apply to any person or persons who for compensation permit the land to be used for recreational purposes." So charge a fee, Mr. Idaho Landowner, and according to the statute, you're back to being potentially liable, and now we're back to the common law issue of trespasser vs. licensee vs. invitee.
Yes, the whole purpose of all state RUS's are so landowners can let folks recreate on their land for free. That is how virtually all recreation is done on private property.
