Colorado § 13-21-108.9 - Landowner allowing access to property during emergency - limited immunity - definitions.

§ 13-21-108.9. Landowner allowing access to property during emergency - limited immunity - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Emergency" means:

(I) A fire, rescue call, or hazardous materials incident;

(II) A natural or human-caused disaster such as an earthquake, wildfire, flood, or severe weather event; or

(III) An incident reasonably determined to be an emergency by a first responder.

(b) "First responder" means:

(I) A peace officer, as described in section 16-2.5-101;

(II) A firefighter, as defined in section 29-5-203 (10);

(III) A volunteer firefighter, as defined in section 31-30-1102 (9)(a);

(IV) An emergency medical service provider, as defined in section 25-3.5-103 (8); or

(V) Any other individual who responds in a professional capacity to an incident that threatens public safety.

(c) "Landowner" has the same meaning set forth in section 13-21-115 (7)(b).

(2) (a) A landowner who, in good faith and without compensation, allows access to the landowner's property for entry and exit in connection with an emergency is immune from civil liability for damage or injury to persons or property as a result of allowing such access. This immunity does not apply to acts or omissions that are grossly negligent or willful and wanton.

(b) The act of allowing access to a landowner's property for entry and exit in connection with an emergency is not a guarantee that the property is maintained or in a passable condition.

(3) Nothing in this section:

(a) Abrogates or limits the sovereign immunity granted to public entities pursuant to the "Colorado Governmental Immunity Act", article 10 of title 24;

(b) Requires or imposes a duty on a landowner to maintain the landowner's property in a specific condition;

(c) Authorizes trespass onto private property; or

(d) Precludes a landowner from negotiating additional agreements governing access to the landowner's property.

Source: L. 2025: Entire section added, (HB 25-1053), ch. 17, p. 68, § 1, effective August 6.