A bill that would provide a liability shield for private landowners who allow the public to recreate for free on their land cleared its first hurdle in the state legislature on Monday.
Backed by outdoor recreation groups who said an interpretation of the Colorado Recreational Use Statute (CRUS) was causing landowners to close their lands to public use because of liability concerns, Senate Bill 58 was approved unanimously on first reading in the Senate Judiciary Committee and will go to the full Senate without further hearing or debate.
Two previous efforts to provide landowners some protection failed in committee in previous sessions. If it passes the Senate, it will go to the House.
Landowners and an alliance of outdoors groups called the Fix CRUS Coalition mobilized after privately owned recreational lands — including five 14,000-foot peaks — closed in recent years due to a 2019 court decision that resulted in a $7.3-million judgment against the Air Force Academy. In that case, a mountain biker was severely injured after crashing on a washed-out trail that was unmarked.
Under the bill, landowners offering free access to their land for hikers, climbers, runners and other recreationalists would be able to protect themselves as long as they post warning signs at main access points. It also would give landowners the right to define official entry points and require visitors to stay in specific areas.
“Previous efforts have attempted to change the liability standard,” said Anneliese Steel, chairman of the Fix CRUS Coalition. “That was a no-go through the legislature, primarily because of opposition from the Colorado Trial Lawyers Association. What we’ve done instead, in connection with CTLA, is create a third way. Instead of changing the fundamental liability standard, we have created a brand new liability shield. If a landowner goes above and beyond, and commits to care for their recreationists by putting up a proactive sign, they get near immunity from anything having to do with natural conditions, agricultural and mining conditions.”
Lloyd Athearn, executive director of the Colorado Fourteeners Initiative, noted that about 9% of Colorado’s fourteeners are on private land.
“This has been a couple of years that people have been working on how we solve this issue (and) raise awareness that this is a legitimate issue,” Athearn said. “Access is dependent upon us fixing this liability issue and providing landowners with greater certainty that they are protected as long as they do reasonable (sign) posting to say, ‘Here are the natural and inherent hazards of climbing mountains.’ Landowners are putting their necks out to make it available for people to have the privilege to climb on their property, so let’s do something to protect them.”
Among those testifying in favor was landowner John Reiber, who owns the DeCaLiBron loop of four fourteeners near Fairplay, Reiber has closed and reopened his peaks several times in recent years as the liability controversy played out.
“I’ve had the opportunity my whole life to experience what fourteeners have to offer,” Reiber said. “It’s something that I would like others to enjoy as well, as long as they respect the land, respect each other and respect the landowner.”
The hearing was not without levity.
“Only in Colorado,” said committee chairman Julie Gonzales, “can we see a bill that is in regards to the Colorado Recreational Use Statute and have to actually read the bill to understand if we’re talking about cannabis or fourteeners.”
