Compensation for hunting damage and game damage
service description
Game damage that is subject to compensation is damage to agricultural and forest land and plants caused by hoofed game, wild rabbits and pheasants, even if they have been separated from the ground but not yet harvested.
Game damage caused to special crops will not be compensated if the usual protective devices, which under normal circumstances are sufficient to avert the damage, have not been made Main wood species and outdoor plantings of horticultural or high value commercial crops are considered specialty crops.
Wire mesh fences are considered to be the usual protective devices, which under normal circumstances are sufficient to avert damage from game:
- against red, fallow and mouflon with a height of at least 1.80 m,
- against roe deer with a height of at least 1.50 m,
- against wild boar with a height of at least 1.50 m, which is attached to ground stakes in such a way that it is impossible for wild boar to lift it,
- against wild rabbits with a height of at least 1.30 m above the ground, buried at least 20 cm in the ground and with a mesh size of no more than 40 mm.
In hunting areas with wild boar occurrences, the wire mesh fence against red, fallow, mouflon and roe deer must always be secured to prevent wild boar from lifting up.
Game damage to areas where hunting is suspended or may not be carried out will not be reimbursed.
Hunting damage is damage resulting from improper hunting. The person authorized to hunt is liable to the owner or person authorized to use a piece of land for any damage resulting from improper hunting; she is also liable for hunting damage caused by one of her game wardens or one of her hunting guests.
requirements
- If land belonging to or attached to a communal hunting district is damaged by cloven-hoofed game (e.g., deer, stags, wild boar), wild rabbits, or pheasants, the hunting association is obligated to compensate the injured party for the damage. In the case of leased hunting rights, the lessee is liable if they have agreed to compensate for damage caused by game in the lease agreement; in this case, the hunting association is only liable to the extent that the injured party cannot obtain compensation from the lessee. For private hunting districts, a distinction must be made between areas attached to the district and those originally belonging to the district. For attached areas, the owner of the private hunting district is primarily liable for compensation. However, even in the case of a lease, the lessee can assume this obligation, so that the owner is only secondarily liable. For areas that originally belong to a private hunting district, the obligation to pay compensation is governed by the legal relationship existing between the injured party and the person entitled to hunt. This can be either a land lease agreement between the owner of the private hunting district who is also entitled to hunt and a manager, or a hunting lease agreement between the owner of the private hunting district and a hunting tenant.
- If crops whose full value can only be assessed at harvest time are damaged by wildlife before that time, the damage must be compensated to the extent it is at harvest time. However, when determining the amount of damage, it must be taken into account whether the damage can be offset by replanting in the same fiscal year, in accordance with sound agricultural practices.
- Damage caused by wild animals to vineyards, gardens, orchards, tree nurseries, avenues, isolated trees, forest plantations with main tree species other than those occurring in the hunting district and open-field plantings of garden or high-quality commercial plants (special crops) will not be compensated if the usual protective measures that would be sufficient to prevent the damage under normal circumstances have not been taken.
What documents are required?
Please contact your relevant department for further information.
What deadlines do I need to consider?
The right to compensation for game and hunting damage expires if the injured person does not report the damage to the competent authority within one week of becoming aware of the damage or having exercised due diligence.
In the case of damage to property used for forestry purposes, it is sufficient if it is reported to the competent authority twice a year, by May 1st or October 1st.
At the latest within one week after reporting damage caused by game or hunting, the injured person must report that an amicable settlement between them and the person liable for compensation was not possible, as well as information on the amount of the damage. If damage caused by game or hunting is reported in good time, the administration of the responsible municipality will immediately schedule an appointment at the site of the damage to bring about an amicable agreement, summoning the parties involved and an appointed game damage assessor.
If an amicable agreement is reached during the appointment at the place of damage, this must be recorded in a record, which must contain in particular the type of damage, its amount and the time of reimbursement as well as the distribution of the costs of the preliminary proceedings. It must be signed by the parties involved.
If an amicable agreement cannot be reached, the wildlife damage estimator will determine the damage that has occurred, which will form the basis of the written preliminary decision from the administration.
A notice: The vast majority of all wildlife and hunting damage claims are settled directly between the injured party and the person liable for compensation (usually the hunting leaseholder), so that an official wildlife damage claim procedure is not initiated.
legal basis
legal remedy
Please contact your relevant department for further information.
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