Colorado § 33-3-103 - No liability for damage - when.

§ 33-3-103. No liability for damage - when.

(1) The state shall not be liable for:

(a) Damage to livestock caused by coyotes, bobcats, or dogs. It is the intent of the general assembly that the division shall use whatever proper means are available to effectively minimize depredation to livestock by coyotes and bobcats.

(b) Damage to motor vehicles caused by wildlife;

(c) Injury to or the death of any person caused by wildlife;

(d) Damages, if the division has furnished to the claimant sufficient and appropriate damage prevention materials and the claimant has refused to accept or use such materials exclusively for game damage prevention, and if the provisions of section 33-3-103.5 have been complied with by the division and the claimant;

(e) Damages, if the claimant has willfully failed to maintain damage prevention materials throughout the normal life of such materials, and such materials have not been damaged or destroyed by wildlife;

(f) Damages caused by wildlife if the claimant has unreasonably restricted hunting on land under his control or has unreasonably restricted passage to other land by restricting access across land under his control. In determining whether or not there has been an unreasonable restriction on hunting or availability of access by the claimant, the division shall consider only whether or not such restriction has significantly and adversely reduced a necessary harvest of wildlife.

(g) Damages caused by wildlife, if claimant charges a fee in excess of five hundred dollars per person, per season, for the purpose of big game hunting access on or across claimant's property.

(2) (Deleted by amendment, L. 2009, (SB 09-024), ch. 323, p. 1723, § 1, effective June 1, 2009.)

Source: L. 69: R&RE, p. 409, § 1. C.R.S. 1963: § 62-3-2. L. 77: (1)(a) amended, p. 1525, § 10, effective January 1, 1978. L. 79: Entire section R&RE, p. 1214, § 9, effective June 21. L. 90: (2)(f) amended, p. 573, § 69, effective July 1. L. 91: (1)(g) amended, p. 1439, § 1, effective April 20. L. 2009: (1)(d), (1)(g), and (2) amended, (SB 09-024), ch. 323, p. 1723, § 1, effective June 1.

ANNOTATION

Law reviews. For comment, "The Watchtower Casts No Shadow: Nonliability of Federal and State Governments For Property Damage Inflicted By Wildlife", see 61 U. Colo. L. Rev. 427 (1990).

State not liable for crops damaged by wild geese. Landowners unquestionably possess cognizable property interest in their crops and residues but it does not follow, however, that mere state ownership of wild game exposes it to liability for crop losses caused by wild geese. Collopy v. Wildlife Comm'n, 625 P.2d 994 (Colo. 1981).

Immunity for wildlife on highway. This section is not implicitly amended or repealed by the dangerous condition of a highway exception in the sovereign immunity statute. Deneau v. State, 883 P.2d 567 (Colo. App. 1994).