State's liability for damage

Colo. Rev. Stat. § 33-3-102, under GENERAL PROVISIONS.

Colo. Rev. Stat. § 33-3-102

The state of Colorado is liable for certain damages caused by wildlife, but only to the extent provided in this article.

Source: L. 69: R&RE, p. 408, § 1. C.R.S. 1963: § 62-3-1.

ANNOTATION

Applicability of article. This article applies only to those cases in which wildlife-caused harm does not constitute a compensable taking under § 15 of art. II, Colo. Const. Collopy v. Wildlife Comm'n, 625 P.2d 994 (Colo. 1981).

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).