Colorado § 35-72-102 Duty of landowner - liability for damage

Colorado Statutes

§ 35-72-102 — Duty of landowner - liability for damage

Colorado § 35-72-102

Title 35Agriculture

Art.Soil Erosion - Dust Blowing - 1954 Act

This text of Colorado § 35-72-102 (Duty of landowner - liability for damage) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 35-72-102 (2026).

Text

(1)To conserve property and the natural resources of the state and to prevent the injurious effects of blowing soil, it is the duty of the owner or occupier of any land in this state to prevent soil blowing therefrom, as nearly as can be done, by planting perennial grasses, shrubs, or trees or annual or biennial crops and by treatment consisting of listing, chiseling, and similar practices at such times and in such manner as will prevent or minimize erosion of the soil and soil blowing. If soil blowing is evident, such practices shall include, to the extent practicable, leaving stubble residue on top of the soil.

(2)An owner or occupier who sustains damages to property, including but not limited to crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock,

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(1) To conserve
property and the natural resources of the state and to prevent the injurious effects
of blowing soil, it is the duty of the owner or occupier of any land in this state to
prevent soil blowing therefrom, as nearly as can be done, by planting perennial
grasses, shrubs, or trees or annual or biennial crops and by treatment consisting of
listing, chiseling, and similar practices at such times and in such manner as will
prevent or minimize erosion of the soil and soil blowing. If soil blowing is evident,
such practices shall include, to the extent practicable, leaving stubble residue on
top of the soil.

(2) An owner or occupier who sustains damages to property, including but
not limited to crops, grasslands, fences, fencerows, irrigation canals, ditches, or
livestock, proximately caused by the failure of an owner or occupier of other land to
discharge the other owner's duty to prevent soil blowing from land the other owner
owns or occupies may recover actual damages from the other owner or occupier by
bringing an action in any court of competent jurisdiction.

(3) A unit of state government or an agency of the state or federal
government that sustains damages to its property, including roads, barrow ditches,
or fences, proximately caused by the failure of an owner or occupier of land to
discharge the owner's or occupier's duty to prevent soil blowing from the land may
recover actual damages from the owner or occupier by bringing an action in any
court of competent jurisdiction.

(4) Such recourse to the court may be taken only upon demonstration that
such owner, occupier, unit, or agency of government allegedly sustaining damages
has submitted a written report of soil blowing to the board pursuant to section 35-72-103.

(5) In any action brought under this section, any preventive practice followed
by an owner or occupier pursuant to a citation issued by a board pursuant to the
provisions of section 35-72-103 is not an admission of tort liability, in any such
action, and no determination of the board shall give rise to a presumption of
negligence or lack of negligence of an owner or occupier.

(6) The provisions of this section shall not apply to any land less than one
acre in area.

Legislative History

Source: L. 54, 2nd Ex. Sess.: p. 22, � 2. CRS 53: � 128-3-2. C.R.S. 1963: � 128-3-2. L. 81: Entire section amended, p. 1695, � 2, effective July 1. L. 83: Entire section amended, p. 1376, � 3, effective May 12. L. 2025: (2) and (3) amended, (HB 25-1084), ch. 24, p. 145, � 177, effective August 6.