Compensation for hunting damage and damage caused by game
Service description
Compensable game damage is damage caused by cloven-hoofed game, wild rabbits and pheasants to agricultural and forestry land and plants, even if they have been separated from the ground but not yet harvested.
Damage caused by game to special crops shall not be compensated if the production of customary protective devices was omitted, which under ordinary circumstances would be sufficient to avert the damage.Vineyards, gardens, orchards, nurseries, avenues, solitary trees, as well as forestry crops of species other than the main wood species occurring in the hunting district and open-air plantings of horticultural or high-value commercial crops shall be considered special crops.
Wire mesh fencing is considered a common protective device sufficient to prevent wildlife damage under ordinary circumstances:
- against red, fallow and mouflon deer 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 fastened to ground stakes in such a way that lifting by wild boar is impossible,
- against wild rabbits with a height of at least 1.30 m above the ground, at least 20 cm buried in the ground and a maximum mesh size of 40 mm.
In hunting districts with wild boar occurrence, the wire mesh fence against red, fallow, mouflon and roe deer must in any case be secured against being lifted up by wild boar.
Game damage to land on which hunting is dormant or may not be practiced is not reimbursed.
Hunting damage is damage resulting from improper hunting practice. The person authorized to hunt shall be liable to the owner or the person authorized to use a land area for any damage arising from improper hunting practice; he/she shall also be liable for the hunting damage caused by one of his/her gamekeepers, gamekeepers or hunting guests.
What deadlines do I have to observe?
The right to compensation for damage caused by game and hunting expires if the injured person does not report the damage to the competent authority within one week after he/she became aware of the damage or would have become aware of it had he/she exercised due diligence.
In the case of damage to land used for forestry purposes, it is sufficient if it is reported to the competent authority twice a year, by 1 May or 1 October each year.
At the latest within one week after the notification of damage caused by game or hunting, the injured person shall notify that it was not possible to reach an amicable settlement between him or her and the person liable to pay compensation, and shall provide information on the amount of the damage. If the damage caused by game or hunting is reported in time, the administration of the competent municipality shall immediately arrange a meeting at the place of damage to reach an amicable settlement, summoning the parties involved and an appointed game damage assessor.
If an amicable settlement is reached at the appointment at the place of damage, this shall be recorded in minutes which must contain in particular the nature of the damage, its amount and the date of reimbursement as well as the allocation of the costs of the preliminary proceedings. It shall be signed by the parties involved.
If an amicable agreement is not reached, the game damage assessor shall determine the damage incurred, which shall become the basis of the written preliminary decision of the administration.
Note: The vast majority of all game and hunting damage is settled directly between the injured person and the person liable to pay compensation (usually the hunting tenant) by mutual agreement, so that an official game damage procedure is not initiated.
Legal basis
Supporting institutions