Section 18-11-307 - Exceptions to owner's immunityNothing in this subchapter limits in any way liability which otherwise exists:
(1) For malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous; and(2) For injury suffered in any case in which the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that, in the case of land leased to the state, a subdivision thereof, or to a third person, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.Acts 1965, No. 51, § 6; 1983, No. 168, § 4; A.S.A. 1947, § 50-1106.