2089.20
. (a) This section does not provide the public a right of
entry onto the enrolled land or water. The landowner shall provide
the department, its contractors, or agents with access to the land or
water proposed to be enrolled in the agreement to develop the
agreement, determine the baseline conditions, monitor the
effectiveness of management actions, or safely remove or salvage
species proposed to be taken.
(b) The department shall provide notice to the landowner at least
seven days before accessing the land or water for the purposes of
subdivision (a). The notice shall identify each person selected by
the department, its contractors, or agents to access the land or
water.
(c) Notwithstanding subdivision (a), during the seven-day notice
period, a landowner may object, in writing, to a person selected to
access the land or water. If a landowner objects, another person
shall be selected by the department, its contractors, or agents, and
notification shall be provided to the landowner pursuant to
subdivision (b). However, if a landowner objects to a selection on
two successive occasions, the landowner shall be deemed to consent to
access to the land or water by a person selected by the department,
its contractors, or agents. Failure by a landowner to object to the
selection within the seven-day notice period shall be deemed consent
to access the land or water by a person selected by the department,
its contractors, or agents.
(d) (1) Notwithstanding any other law, the landowner is not
required to do either of the following:
(A) Maintain enrolled land or water, or land or water proposed to
be enrolled in an agreement, in a condition that is safe for access,
entry, or use by the department, its contractors, or agents for
purposes of providing access pursuant to subdivision (a).
(B) Provide to the department, its contractors, or agents, any
warning of a hazardous condition, use, structure, or activity on
enrolled land or water, or land or water proposed to be enrolled in
an agreement, for purposes of providing access pursuant to
subdivision (a).
(2) Notwithstanding any other law, the landowner shall not be
liable for any injury, and does not owe a duty of care, to the
department, its contractors, or agents resulting from any act or
omission described in subparagraph (A) or (B) of paragraph (1).
(3) The provision of access to land pursuant to subdivision (a)
shall not be construed as any of the following:
(A) An assurance that the land or water is safe.
(B) A grant to the person accessing the land or water of a legal
status for which the landowner would owe a duty of care.
(C) An assumption of responsibility or liability for any injury to
a person or property caused by any act of the person to whom access
to the land or water is provided.
(4) Notwithstanding paragraphs (1) to (3), inclusive, this
subdivision shall not be construed to limit a landowner's liability
for an injury under either of the following circumstances:
(A) Willful or malicious failure to guard or warn against a
dangerous condition, use, structure, or activity on the land or
water.
(B) Express invitation to a person by the landowner to access the
land or water, in a manner that is beyond the access required to be
provided pursuant to subdivision (a).
(e) Nothing in this section creates a duty of care or a ground of
liability for injury to person or property.