Colorado

Recreational Use/Recreational Trespass Laws

C.R.S. 33-41-101 through 33-41-105

§ 33-41-102. Definitions

As used in this article, unless the context otherwise requires:

(1) “Charge” means a consideration paid for entry upon or use of the land or any facilities thereon or adjacent thereto; except that, in a case of land leased to a public entity or in which a public entity has been granted an easement or other rights to use land for recreational purposes, any consideration received by the owner for such lease, easement, or other right shall not be deemed a charge within the meaning of this article nor shall any consideration received by an owner from any federal governmental agency for the purposes of admitting any person constitute such a charge.

(2) “Land” also means roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment thereon, when attached to real property.

(3) “Owner” includes, but is not limited to, the possessor of a fee interest, a tenant, lessee, occupant, the possessor of any other interest in land, or any person having a right to grant permission to use the land, or any public entity as defined in the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S., which has an interest in land.

(4) “Person” includes any individual, regardless of age, maturity, or experience, or any corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity.

(4.5) “Public entity” means the same as defined in section 24-10-103(5), C.R.S.

(5) “Recreational purpose” includes, but is not limited to, any sports or other recreational activity of whatever nature undertaken by a person while using the land, including ponds, lakes, reservoirs, streams, paths, and trails appurtenant thereto, of another and includes, but is not limited to, any hobby, diversion, or other sports or other recreational activity such as: Hunting, fishing, camping, picnicking, hiking, horseback riding, snowshoeing, cross country skiing, bicycling, riding or driving motorized recreational vehicles, swimming, tubing, diving, spelunking, sight-seeing, exploring, hang gliding, rock climbing, kite flying, roller skating, bird watching, gold panning, target shooting, ice skating, ice fishing, photography, or engaging in any other form of sports or other recreational activity.

§ 33-41-103. Limitation on landowner's liability

(1) Subject to the provision of section 33-41-105, an owner of land who either directly or indirectly invites or permits, without charge, any person to use such property for recreational purposes does not thereby:

(a) Extend any assurance that the premises are safe for any purpose;

(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed;

(c) Assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of such person.

(2)(a) To the extent liability is found, notwithstanding subsection (1) of this section, the total amount of damages that may be recovered from a private landowner who leases land or a portion thereof to a public entity for recreational purposes or who grants an easement or other rights to use land or a portion thereof to a public entity for recreational purposes for injuries resulting from the use of the land by invited guests for recreational purposes shall be:
(I) For any injury to one person in any single occurrence, the amount specified in section 24-10-114(1)(a), C.R.S.;
(II) For an injury to two or more persons in any single occurrence, the amount specified in section 24-10-114(1)(b), C.R.S.

(b) The limitations in this subsection (2) shall apply only when access to the property is limited, to the extent practicable, to invited guests, when the person injured is an invited guest of the public entity, when such use of the land by the injured person is for recreational purposes, and only during the term of such lease, easement, or other grant.

(c) Nothing in this subsection (2) shall limit, enlarge, or otherwise affect the liability of a public entity.

(d) In order to ensure the independence of public entities in the management of their recreational programs and to protect private landowners of land used for public recreational purposes from liability therefor, except as otherwise agreed by the public entity and a private landowner, a private landowner shall not be liable for a public entity's management of the land or portion thereof which is used for recreational purposes.

(e) For purposes of this subsection (2) only, unless the context otherwise requires:
(I) “Invited guests” means all persons or guests of persons present on the land for recreational purposes, at the invitation or consent of the public entity, and with or without permit or license to enter the land, and all persons present on the land at the invitation or consent of the public entity or the landowner for business or other purposes relating to or arising from the use of the land for recreational purposes if the public entity receives all of the revenues, if any, which are collected for entry onto the land. “Invited guests” does not include any such persons or guests of any person present on the land for recreational purposes at the invitation or consent of the public entity or the landowner if the landowner retains all or a portion of the revenue collected for entry onto the land or if the landowner shares the revenue collected for entry onto the land with the public entity. For the purposes of this subparagraph (I), “revenue collected for entry” does not include lease payments, lease-purchase payments, or rental payments.
(II) “Land” means real property, or a body of water and the real property appurtenant thereto, or real property that was subject to mining operations under state or federal law and that has been abandoned or left in an inadequate reclamation status prior to August 3, 1977, for coal mining operations, or July 1, 1976, for hard rock mining operations, which is leased to a public entity or for which an easement or other right is granted to a public entity for recreational purposes or for which the landowner has acquiesced to public use of existing trails that have historically been used by the public for recreational purposes. “Land”, as used in this subsection (2), does not include real property, buildings, or portions thereof which are not the subject of a lease, easement, or other right of use granted to a public entity; except that land on which a landowner has acquiesced to public use of existing trails that have historically been used by the public for recreational purposes need not be subject to a lease, easement, or other right of use granted to a public entity. Nothing in this subparagraph (II) shall be construed to create a prescriptive easement on lands on which a landowner has acquiesced to public use of existing trails that have historically been used by the public for recreational purposes. The incidental use of such private property for recreational purposes shall not establish or presume facts to support land use classification or zoning.
(II.5) “Lease” or “leased” includes a lease-purchase agreement containing an option to purchase the property. Any lease in which a private landowner leases land or a portion thereof to a public entity for r

§ 33-41-104. When liability is not limited

(1) Nothing in this article limits in any way any liability which would otherwise exist:

(a) For willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm;

(b) For injury suffered by any person in any case where the owner of land charges the person who enters or goes on the land for the recreational use thereof; except that, in case of land leased to a public entity or in which a public entity has been granted an easement or other rights to use land for recreational purposes any consideration received by the owner for such lease, easement, or other right shall not be deemed a charge within the meaning of this article nor shall any consideration received by an owner from any federal governmental agency for the purpose of admitting any person constitute such a charge;

(c) For maintaining an attractive nuisance; except that, if the property used for public recreational purposes contains mining operations that were abandoned or left in an inadequate reclamation status as provided in section 33-41-103(2) (e) (II) or was constructed or is used for or in connection with the diversion, storage, conveyance, or use of water, the property and the water or abandoned mining operations within such property shall not constitute an attractive nuisance;

(d) For injury received on land incidental to the use of land on which a commercial or business enterprise of any description is being carried on; except that in the case of land leased to a public entity for recreational purposes or in which a public entity has been granted an easement or other rights to use land for recreational purposes, such land shall not be considered to be land upon which a business or commercial enterprise is being carried on.

§ 33-41-105. Article not to create liability or relieve obligation

(1) Nothing in this article shall be construed to:

(a) Create, enlarge, or affect in any manner any liability for willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm, or for injury suffered by any person in any case where the owner of land charges for that person to enter or go on the land for the recreational use thereof;

(b) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this article to exercise care in his use of such land and in his activities thereon or from the legal consequences of failure to employ such care;

(c) Limit any liability of any owner to any person for damages resulting from any occurrence which took place prior to January 1, 1970.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Colorado uses current use taxation for agriculture.

Statute: Title CO ST § 39-1-103(5)(a)

Method of Assessment: Based on productive capacity.
http://www.dola.state.co.us/dpt/index.htm

Application: Burden on assessor to valuate; burden on landowner to apply to assessor.

Current Use Taxation for open-space land: 

Colorado does not have a current use statute which assesses open-space land at a reduced property tax rate.

Tax incentive specifically for providing access: 

Colorado has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Colorado has tax incentives for land subject to Conservation Easements.

Statute: C.R.S.A. § 38-30.5-109, § 38-30.5-109.

Valuation: Real property subject to one or more conservation easements in gross shall be assessed with due regard to the restricted uses to which the property may be devoted. The valuation for assessment of a conservation easement which is subject to assessment and taxation, plus the valuation for assessment of lands subject to such easement, shall equal the valuation for assessment which would have been determined to such lands if there were no conservation easement.

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Income Tax: 

Colorado does have a tax credit for land donated for preservation as a conservation easement.

Statute: § 39-22-522. Credit against tax,conservation easements.

Program: Landowners that donate land to the government or to a nonprofit organization can receive a state income tax credit for the appraised fair market value of the property. The donation must work to protect open land. Donations made prior to 2007 are entitled to $100,000 of the fair market value with any subsequent dollars calculated at 40%, not to exceed a maximum cap of $260,000 per individual. Donations made after 2007 are entitled to 50% of the appraised fair market value not to exceed $375,000. The credit can carry over for 20 years, or it is terminable by death. Landowners can sell the credit on their own or through a broker (which usually deducts a 10% fee). In years of budget surplus, the landowners can receive a cash refund form the state up to $50,000 per year. The refund is not taxable by the state and it does not apply to transferees.

Tax: 4.63%

Enacted: 2000

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Hunter Access Program: 

Name of Program: Big Game Access Program (BGAP)

Number of Acres: 222,000 + acres enrolled

Landowners whose properties meet BGAP requirements will receive payment for allowing hunters access to their land. Payments to the landowner will range from $0.25/acre up to a maximum of $3/acre. The amount will depend on the size of property, type of habitat and number of access days allowed. Although coordinators are confident that some landowners specifically leave more residue or crop stubble to ensure that they qualify for the program, they could not quantify it.

For additional information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Smith v. Cutty's, Inc., App.1987, 742 P.2d 347

-The fact that individual injured on land and his group were not paying customers of resort which owned land did not render individual's use of land unrelated to commercial activity being carried on there, such as would preclude injuries from being within exception to general statutory relief for landowner from liability for injuries received by people using property without charge for recreational purposes.
- There must be nexus between commercial or business enterprise and use giving rise to injury to bring injury within exception to general relief afforded landowners for injuries received by people using property without charge for recreational purposes, where property is owned by commercial or business enterprise.