Outdoors groups will try again this year to make changes to a rule that forces private landowners to keep their property off limits to recreational uses because of liability concerns.
To do so, proponents of an amendment to Colorado’s Recreational Use Statute have shifted their strategy following two failed attempts, both of which were “fiercely opposed” by the Colorado Trial Lawyers Association, said Anneliese Steel, chair of the Fix CRUS Coalition.
“This year, we have taken a different approach,” Steel said. “We have worked with the trial lawyers to create a new liability shield for landowners who take an additional step to proactively warn or guard against known hazards.”
The issue arose after a 2019 lawsuit against the Air Force Academy in Colorado Springs resulted in a $7.3 million judgment because the academy failed to mark a washed-out trail where a mountain biker was seriously injured. The uncertainty following that decision caused heightened liability concerns among landowners and insurance issues.
It also caused the temporary closure of five 14,000-foot peaks, all of which had access areas that were privately owned. They included the well-known DeCaLiBron Loop in Park County, which connects Mounts Democrat, Cameron, Lincoln and Bross.
The Fix CRUS Coalition, comprised of more than 40 outdoors organizations — including the Colorado Mountain Club, the Colorado Fourteeners Initiative, Access Fund and Boulder Climbing Community — was formed last year to craft a solution able to garner bipartisan support.
Prime sponsors include three Democrats — Sen. Dylan Roberts, Rep. Brianna Titone and Rep. Shannon Bird — and Republican Sen. Mark Baisley.
Many landowners who welcome the public on their land support the amendment.
“Landowners are currently expected to individually sign each known hazard at the point of the hazard,” Steel said. “This leads to ridiculously burdensome compliance, such as posting two metal signs warning of a wasp nest by the City of Boulder. Instead, landowners would only need to post our sign language at the main entry point or trailhead. … This also protects landowners who know they have hazards such as steep cliffs, loose rocks, streams etc., on their property.
“Our goal is to provide an additional layer of liability coverage for almost all known natural hazards, as well as agricultural and mining activities, structures and remnants,” she added.
The bill includes warning language landowners can use in their signs to make sure they are legally protected without having to consult an attorney for adequate wording.
Baisley, who represents Roxborough Park in Douglas County, also cosponsored last year’s bill.
“It has been difficult to live up to our moniker as the Rocky Mountain State over the past couple of years with some of our 14,000-foot peaks being off limits to the public,” Baisley said in a news release. “The solution seems simple: exempt private land owners from liability when they permit free access across their property. The bill that we ran in 2023 attempted to tighten up statutory language to give such assurance to those property owners.
“By communicating directly to the hikers with signage, we will make it clear that the risk lies with them,” he added.
