§ 33-3-203 — Claims procedure

Colorado § 33-3-203

• Jurisdiction: Colorado
• Title 33: Parks and
• Art.: Damage by Wildlife

Text

(1) When any person has sustained damage to
livestock forage caused by wild ruminants, such person shall notify the division of
such damages within ten days after the discovery thereof. In the case of recurring
damage, the division shall be notified within ten days after the discovery of each
new or different occurrence of damage.

(2) (a) Proof of loss forms shall be filed within ninety days after the last
notice of loss is submitted to the division under subsection (1) of this section. The
division, within thirty days after the filing of such proof of loss forms, shall make an
investigation of the alleged loss, and, where possible, shall attempt to reach an
agreement with the claimant upon an amount of settlement. All such agreements
shall be completed and the settlement amount paid in full within sixty days after
terms and conditions have been agreed upon; otherwise, at the claimant's option,
the matter shall proceed to arbitration or to court as provided in this article.

(b) (I) If the division does not agree with the claimant on normal historic
levels, or any element of a damage settlement, the matter shall be submitted to
arbitration within ten days of notice by either party unless the claimant waives
arbitration. The arbitration panel shall consist of one arbitrator chosen by the
landowner, one arbitrator chosen by the division, and one arbitrator chosen by the
other two arbitrators. If the two arbitrators cannot agree within ten days on a third
arbitrator, a request by either party shall be made to the district court for the
judicial district of the county in which the damage is located for appointment of a
third impartial arbitrator. The division and the landowner shall equally share the
cost of the use of the third arbitrator.

(II) In any case which goes to arbitration, all arbitrators chosen shall reside
within fifty miles of the subject property. The arbitration proceeding shall be
conducted pursuant to part 2 of article 22 of title 13, C.R.S. The decision of the
arbitration panel shall be binding and shall be subject to judicial review only for
statutory compliance with the provisions of this article and the said act. The
claimant or the division may seek such review by filing an action for same in the
county or district court in the county or judicial district where the subject damage is
alleged to have occurred within thirty days after receipt of the arbitration panel's
decision.

(c) Any waiver of arbitration shall be in writing and shall be mailed to the
division within ten days after the claimant receives notification from the division of
the denial of the claim, or within ten days after the claimant receives from the
division an offer of settlement unacceptable to such claimant.

(d) In adjudication of any claim, should the court find that the claimant has
made or the division has contested the claim without a substantial legal or factual
basis, the court shall award the other party reasonable attorney fees, not to exceed
the actual amount incurred, upon the submission of satisfactory proof thereof.

(3) For payment to a claimant, the controller shall draw a warrant upon a
voucher approved by the division and the state treasurer shall pay the amount of
settlement out of the wildlife cash fund.

(4) The division shall furnish forms to be used for the notice and proof of loss
required under this section.

Legislative History

Source: L. 93: Entire part added, p. 1721, � 3, effective June 6. L. 2004: (2)(b)(II) amended, p. 1732, � 4, effective August 4.