SB 24-058

Senate Bill 24-058 updates Colorado’s Recreational Use Statute by requiring landowners to post warning signs at primary access points if they know about dangerous conditions on their property. These signs must describe the specific danger and be backed up with photographic evidence. The bill also clarifies that people who venture off designated recreational areas without permission are considered trespassers. This law will take effect on August 7, 2024, after being signed by the governor. It protects landowners from liability if they follow these warning sign requirements but does not limit their right to restrict or prohibit recreational use of their property.

Official Summary

In current law, the "Colorado Recreational Use Statute" (CRUS) protects landowners (owners) from liability resulting from the use of their lands by other individuals for recreational purposes. However, the CRUS does not limit an owner's liability for injuries or death resulting from the owner's willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm (willful or malicious failure). The act states that under such circumstances, an owner does not commit a willful or malicious failure if: Prior to the injury or death, the owner posts a warning sign at the primary access point where the individual entered the land, which sign satisfies certain criteria; The owner maintains photographic or other evidence of each such sign; and The dangerous condition, use, structure, or activity that caused the injury or death is described by the sign. The act requires an individual who accesses land for recreational purposes to stay on the designated recreational trail, route, area, or roadway unless the owner expressly allows otherwise, or be deemed a trespasser. Currently, the CRUS states that "owner" includes the possessor of any interest in land. The act clarifies that "owner" includes a possessor or holder of a conservation easement. The act states that the CRUS may not be construed to limit an owner's ability to restrict or prohibit the use of the owner's land for any recreational purposes. The act also updates certain archaic language within the CRUS. APPROVED by Governor March 15, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

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