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The South Carolina Recreational Use Statute: an Analysis, Comparison and Critique Environmental Advocacy Seminar

By Doug Webb

Abstract

originally referred to as the Limitation on Liability of Landowners Act, in 1962 to promote and encourage land owners to allow public access for recreational use by the public on their property. See S.C. Code Ann. § 27-3-10 to § 27-3-60 (2004). The legislature enacted the Recreational Use Statute, or SCRUS, to reduce the concerns of individual land owners that faced liability for injuries sustained by the public while using or crossing the land owner’s property. Id. The statute plays an integral role in sustaining the public’s use of trails, lakes and other private property. In sustaining the use and enjoyment of the environment, the statute also has the secondary effects of promoting physical and mental health of the general public. The focus of this paper is to review in detail the South Carolina Recreational Use Statute, examine how the courts have interpreted the statute and propose changes to the statute that would provide more incentive for private landowners to make property available to others for recreational use. The first section will analyze the legal impact of each clause within the Statute. The second section will discuss the role of the South Carolina Torts Act with respect to the Recreational Use Statute. The third section will analyze and explain South Carolina case law on land owner liability. The fourth section will compare and contrast the different recreational us

Year: 2005
OAI identifier: oai:CiteSeerX.psu:10.1.1.353.3463
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