A simple sign will allow access to privately owned 14ers thanks to new Colorado bill

DENVER (KDVR) — A new Colorado law signed by Gov. Jared Polis will open access to privately owned 14ers in the state while also protecting landowners who provide access from liability.

Climbing a 14,000-foot mountain is a goal for many who recreate in Colorado. However, according to Sen. Mark Baisley, a sponsor of the bill, 56.7% of Colorado is privately owned, and that includes several famous 14ers. Many peaks are fully owned or cross into private land.

14ers closed off due to liability concerns

Recently, some 14ers were closed to the public after a bill that would protect landowners from being sued by injured recreationists failed in 2023.

One landowner, John Reiber, closed public access to Mount Lincoln and Mount Democrat after the bill failed.

Another Colorado 14er could have its name changed

Those who own popular land in Colorado are protected under the “Colorado Recreational Use Statute.” The statute protects landowners from liability if someone gets injured while recreating on their land.

The bill outlines that landowners could be found liable in instances of “willful or malicious” failure to those recreating on their property.

However, that “willful or malicious” wording came to a head in a 2019 verdict.

According to the Nelson vs. United States court case, a Colorado Springs mountain biker was seriously injured while on private property on the U.S. Air Force Academy land. The man sued the academy, and the landowner was found liable for $7 million worth of damages due to the fact that the owner “willfully” ignored the dangerous conditions that the washed-out path imposed on the biker.

Many private landowners became wary of allowing access to their land after this decision, in fear of being sued.

Download the FOX31 App: Breaking news alerts & Pinpoint Weather

So, a new bill was proposed in 2024 to better define “willful or malicious failure” by the landowner.

On March 15, Polis signed Senate Bill 24-058, “Landowner Liability Recreational Use Warning Signs,” into law.

How does the new law open access to mountains?

In this latest bill, lawmakers worked to define the language of the “Colorado Recreational Use Statute” and list the circumstances in which an owner does not commit a willful or malicious failure.

The circumstances are as follows:

• The owner posts a warning sign at the primary access point where the individual entered the land, which sign satisfies certain criteria

• The owner maintains photographic or other evidence of the sign

• The dangerous condition, use, structure, or activity that caused the injury or death is described by the sign

The recreator also has a role in this bill.

Why aren’t people hiking 14ers as much?

Anyone who chooses to hike on private land must stay on a designated recreational trail, route, area, or roadway unless the owner allows otherwise. If this rule is broken, the person will be deemed a trespasser.

The new bill also clarifies that an owner is a possessor or holder of a conservation easement.

What will change on Colorado 14ers?

After Polis signed this bill into law, hikers will now notice signs at the entrance of a trail warning them of the dangers.

When Polis signed the bill, he held up an example of a sign that, in summary, warns a hiker they are entering land intended for recreation, they must stay on designated trails and that there are inherent risks and dangers associated with using the land.

FOX31's Denver Guide

Events, things to do, FAQs about living in Denver

Red Rocks report: $717M in output, 7K jobs and top White Claw seller in US

Fed up with red lights? Here’s how they work in Denver

Megan Thee Stallion to perform at Denver’s Ball Arena in June 2024

Read more from The Denver Guide

By having this sign posted, the landowner is protected from any lawsuit that alleges liability, as the landowner is no longer failing to warn recreationists against the dangers.

For the latest news, weather, sports, and streaming video, head to FOX31 Denver.