August 2022 - Parks & Recreation - 29

South Dakota Recreational
Use Statute
As cited by the federal district
court,
the South Dakota recreational
use statute, Section 20-9-21,
defines the " Liability of political
subdivision or employees for invitational
or permissive use of land "
as follows:
[A]ny political subdivision of
South Dakota, and its employees,
by either directly or indirectly inviting
or permitting the person to use
the land described for outdoor recreational
purposes or by charging a
fee for admittance to parks, campgrounds,
or other recreational areas,
do not thereby: (1) Extend any
assurance that the land is safe for
any purpose; or (2) Confer upon
any person the legal status of an invitee
or licensee to whom a duty of
care is owed; or (3) Assume responsibility
for, or incur liability for, any
injury to persons or property caused
by an act of omission of the political
subdivision of South Dakota,
and its employees as to maintenance
of the land.
The South Dakota recreational
use statute, Section 20-9-22, however,
would not limit in any way a
political subdivision's recreational
purposes liability for " gross negligence
or willful or wanton misconduct
of the political subdivision of
South Dakota, or its employees. "
Gross Negligence, Willful/
Wanton Misconduct
Under South Dakota law, the federal
district court noted, " the phrases gross
FARMERS MARKETS
AND
PARKS AND
RECREATION:
negligence and willful or wanton
misconduct mean the same thing. "
Moreover, the court found: " Reckless,
willful, or wanton misconduct
entails a mental element, " specifically,
" the defendant must know or have
reason to know of the risk and must
in addition proceed without concern
for the safety of others. "
While
willful
and
wanton
misconduct is not identical to
intentional conduct, the court further
acknowledged willful and wanton
misconduct would " partake to some
appreciable extent of the nature of a
deliberate and intentional wrong. "
In addition, the court found: " A
defendant's reckless state of mind
may be inferred from conduct
and actions so patently dangerous
that a reasonable person under
Farmers markets at park and recreation
sites are a " win-win " for local government,
community partners, farmers, vendors
and consumers. Farmers markets provide
multiple benefits to communities
including:
Connecting people and families to
healthy, affordable, local food
Promoting economic benefits for
farmers, ranchers and artisans
Providing a space for community
engagement, intergenerational
activities and cultural reflection
Promoting health education and
sustainability
A
PERFECT
PAIR!
Learn more about the benefits of
farmers markets at parks at
nrpa.org/FarmersMarkets
PARK S ANDRECRE AT ION . OR G | A UGUS T 2 0 22 | Parks & Recreation
29
http://www.nrpa.org/FarmersMarkets

August 2022 - Parks & Recreation

Table of Contents for the Digital Edition of August 2022 - Parks & Recreation

August 2022 - Parks & Recreation - Intro
August 2022 - Parks & Recreation - Cover1
August 2022 - Parks & Recreation - Cover2
August 2022 - Parks & Recreation - 1
August 2022 - Parks & Recreation - 2
August 2022 - Parks & Recreation - 3
August 2022 - Parks & Recreation - 4
August 2022 - Parks & Recreation - 5
August 2022 - Parks & Recreation - 6
August 2022 - Parks & Recreation - 7
August 2022 - Parks & Recreation - 8
August 2022 - Parks & Recreation - 8a
August 2022 - Parks & Recreation - 8b
August 2022 - Parks & Recreation - 9
August 2022 - Parks & Recreation - 10
August 2022 - Parks & Recreation - 11
August 2022 - Parks & Recreation - 12
August 2022 - Parks & Recreation - 13
August 2022 - Parks & Recreation - 14
August 2022 - Parks & Recreation - 15
August 2022 - Parks & Recreation - 16
August 2022 - Parks & Recreation - 17
August 2022 - Parks & Recreation - 18
August 2022 - Parks & Recreation - 19
August 2022 - Parks & Recreation - 20
August 2022 - Parks & Recreation - 21
August 2022 - Parks & Recreation - 22
August 2022 - Parks & Recreation - 23
August 2022 - Parks & Recreation - 24
August 2022 - Parks & Recreation - 25
August 2022 - Parks & Recreation - 26
August 2022 - Parks & Recreation - 27
August 2022 - Parks & Recreation - 28
August 2022 - Parks & Recreation - 29
August 2022 - Parks & Recreation - 30
August 2022 - Parks & Recreation - 31
August 2022 - Parks & Recreation - 32
August 2022 - Parks & Recreation - 33
August 2022 - Parks & Recreation - 34
August 2022 - Parks & Recreation - 35
August 2022 - Parks & Recreation - 36
August 2022 - Parks & Recreation - 37
August 2022 - Parks & Recreation - 38
August 2022 - Parks & Recreation - 39
August 2022 - Parks & Recreation - 40
August 2022 - Parks & Recreation - 41
August 2022 - Parks & Recreation - 42
August 2022 - Parks & Recreation - 43
August 2022 - Parks & Recreation - 44
August 2022 - Parks & Recreation - 45
August 2022 - Parks & Recreation - 46
August 2022 - Parks & Recreation - 47
August 2022 - Parks & Recreation - 48
August 2022 - Parks & Recreation - 49
August 2022 - Parks & Recreation - 50
August 2022 - Parks & Recreation - 51
August 2022 - Parks & Recreation - 52
August 2022 - Parks & Recreation - 53
August 2022 - Parks & Recreation - 54
August 2022 - Parks & Recreation - 55
August 2022 - Parks & Recreation - 56
August 2022 - Parks & Recreation - Cover3
August 2022 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com