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MARTIN v. MIDDLE RIO GRANDE CONSERVANCY DIST.

No. 28,051.

194 P.3d 766 (2008)

2008-NMCA-151

Linda MARTIN, Plaintiff-Appellant, v. MIDDLE RIO GRANDE CONSERVANCY DISTRICT, Defendant-Appellee.

Court of Appeals of New Mexico.

September 11, 2008.

Attorney(s) appearing for the Case

Sutin, Thayer & Browne, Ronald Segel, Albuquerque, NM, for Appellant.

French & Associates, P.C., Stephen G. French, Kerri L. Allensworth, Albuquerque, NM, for Appellee.

OPINION

PICKARD, Judge.

{1} In this case we decide whether the recreational use provision of the Off-Highway Motor Vehicle Act, NMSA 1978, § 66-3-1013(A) (2005) (OHMVA), which limits landowner liability for damages arising out of off-highway motor vehicle-related accidents or injuries occurring on the landowner's lands, applies to government landowners as well as private landowners. Having considered the OHMVA in its historical context...

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