Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0411.01 Duane Gall HOUSE BILL 10-1084 HOUSE SPONSORSHIP Acree, SENATE SPONSORSHIP Mitchell, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning measures to encourage the voluntary cleanup of unoccupied real property. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Under current law, a person who goes into the yard of a foreclosed home or other unoccupied property to clean up trash, remove weeds, or water the lawn may be considered a trespasser and, if the person injures himself or herself while doing so, may have a claim against the landowner for negligence. Section 1 of the bill specifies that persons who go onto unoccupied property on an unpaid basis to clean up trash, remove weeds, or water the lawn have the implied consent of the landowner to do so, and are owed an intermediate duty of care concerning hazardous conditions on the property that is more than is owed to trespassers, but less than is owed to guests or business customers. Sections 2 and 3 amend the civil and criminal trespassing laws, respectively, to exempt persons who engage in such activity, but only to the extent of that activity and so long as they do no actual damage to the property. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 13-21-115 (5) (b), Colorado Revised Statutes, is amended to read: 13-21-115. Actions against landowners. (5) As used in this section: (b) "Licensee" means a person who enters or remains on the land of another for the licensee's own convenience or to advance his or her own interests, pursuant to the landowner's permission or consent. "Licensee" includes a social guest. A person described in section 13-21-116.5 (2), acting in good faith, shall be presumed to have the landowner's implied consent. SECTION 2. Part 1 of article 21 of title 13, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 13-21-116.5. Civil liability for trespass - limited immunity - volunteers cleaning up unoccupied property - definition. (1) As used in this section, "unoccupied property" means residential or commercial real property as to which it would appear to a reasonable observer that: (a) If residential property, no one is living in it, and if commercial property, no lawful business is being conducted there; (b) The property is not a common element of a common interest community; and (c) There is on the property an accumulation of weeds, brush, trash, or debris; or the grass or other vegetation is suffering from lack of water; or both. (2) Any person who goes onto unoccupied property on an unpaid, voluntary basis to trim or water vegetation or remove accumulated weeds, brush, trash, or debris from the property: (a) Shall not, as a result of such activity, be liable for any nominal or presumed damages in trespass; (b) Shall be liable for actual damages caused during entry and stay upon a landowner's land; and (c) (I) Shall have the status of a licensee as defined in section 13-21-115 while engaged in such activities. Under no circumstances shall the landowner be liable to any such person for a self-inflicted injury. (II) For purposes of this paragraph (c): (A) In the case of a property that is listed for sale, "landowner" includes the listing agent and any real estate broker showing the property. (B) In the case of a property that is in default or subject to foreclosure, "landowner" includes the holder of a mortgage, deed of trust, certificate of redemption, lien, or other interest in the property and any trustee, title company, managing agent, or other agent of such interest holder. (C) In the case of a unit in a common interest community, "landowner" includes the unit owners' association and any property manager or other agent acting on behalf of the unit owners' association. SECTION 3. Part 5 of article 4 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 18-4-515.5. Voluntary cleanup of unoccupied property - exception to criminal trespass - definition. (1) As used in this section, "unoccupied property" means residential or commercial real property as to which it would appear to a reasonable observer that: (a) If residential property, no one is living in it, and if commercial property, no lawful business is being conducted there; (b) The property is not a common element of a common interest community; and (c) There is on the property an accumulation of weeds, brush, trash, or debris; or the grass or other vegetation is suffering from lack of water; or both. (2) Any person who goes onto unoccupied property on an unpaid, voluntary basis to trim or water vegetation or remove accumulated weeds, brush, trash, or debris from the property: (a) Shall not, as a result of such activity, be deemed in violation of the trespass laws of this part 5; and (b) (I) Shall have the status of a licensee as defined in section 13-21-115, C.R.S., while engaged in such activities. Under no circumstances shall the landowner be liable to any such person for a self-inflicted injury. (II) For purposes of this paragraph (b): (A) In the case of a property that is listed for sale, "landowner" includes the listing agent and any real estate broker showing the property. (B) In the case of a property that is in default or subject to foreclosure, "landowner" includes the holder of a mortgage, deed of trust, certificate of redemption, lien, or other interest in the property and any trustee, title company, managing agent, or other agent of such interest holder. (C) In the case of a unit in a common interest community, "landowner" includes the unit owners' association and any property manager or other agent acting on behalf of the unit owners' association. SECTION 4. Act subject to petition - effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2010 and shall take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of this act shall apply to acts occurring on or after the applicable effective date of this act.