Colorado Recreational Use Statute amendment clears first hurdle

Mount Democrat. Photo: Parker Seibold, The Gazette. (copy) (copy) (copy)

A Colorado coalition is one step closer in its mission to ease liability concerns among people allowing recreation on their private properties.

A bill amending the long-standing Colorado Recreational Use Statute recently passed the Senate Judiciary Committee in a 5-0 vote. Last year, a similar proposal was struck down by that committee, sparking closure of a popular, privately-owned route up 14,000-foot peaks and inspiring the formation of the Fix CRUS Coalition.

The coalition is backed by dozens of local, state and national organizations, including Colorado Mountain Club and Colorado Fourteeners Initiative. Groups successfully testified for Senate Bill 58 — what Fix CRUS calls “a balanced solution that provides clarity and protection for landowners without sacrificing safety and transparency for the public.”

In the amendment failure last year, attorneys warned of hikers, climbers and cyclists losing protection by a revised Colorado Recreational Use Statute. Proponents, meanwhile, suggested the statute’s “willful or malicious failure to guard or warn against a known dangerous condition” was too broad and vague and left landowners vulnerable to lawsuit. (In 2019, a judge ruled in favor of a mountain biker injured on a rutted trail at the Air Force Academy.)

The bipartisan Senate Bill 58 proposes protecting landowners who post a warning sign at a primary access point. Under the bill, “willful or malicious failure” would be avoided with a sign describing the “dangerous condition, use, structure or activity that caused the injury or death.”

Fix CRUS states the aim is to simplify and protect landowners “from liability related to inherent recreation risks.” The bill’s summary also explains an individual must “stay on the designated recreational trail, route, area or roadway unless the owner expressly allows otherwise, or be deemed a trespasser.”

The legislation now moves to a full Senate vote, ahead of potential consideration by House representatives.


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