Game damage; registration

Damage caused by game to agricultural, horticultural and forestry land is referred to as "game damage".

The Federal Hunting Act, the Bavarian Hunting Act and its implementing ordinance as well as the German Civil Code contain the legal basis for compensation for damage caused by game (see "Legal basis").

Damage caused by game must be compensated in accordance with Section 29 (1) BJagdG if

• the damage was caused by the legally defined game species (cloven-hoofed game, wild rabbits or pheasants) and
• the land concerned belongs to a hunting district (exception: no obligation to pay compensation if hunting is suspended or may not be practiced on the land on a permanent basis, e.g. restricted areas).

The hunting cooperative is generally liable for compensation for damage caused by game to land belonging to a communal hunting district. However, the hunting cooperative can transfer the obligation to pay compensation to the leaseholder in the hunting lease agreement and, if necessary, extend the leaseholder's obligation to pay compensation to include damage caused by other game species, for example. However, the hunting association's obligation to pay compensation remains in place if the injured party cannot obtain compensation from the leaseholder (subsidiary liability).

If the right to hunt is leased in the case of hunting districts owned by the hunter, the hunting leaseholder's liability for damages to the owner, who manages his land himself, is generally governed by the agreement made between the hunting leaseholder and the owner. Unless otherwise agreed, the leaseholder is liable for any damage caused by inadequate shooting.

The obligation to pay compensation extends to damage caused by game, e.g. to

• Crops in the field (crops between sowing and harvest)
• Crops that have been harvested but not yet planted
• Browsing damage to young forest plants (browsing of top and side buds)
• Rooting damage when plowing up the forest floor and fence damage when wild boars break through crop fences
• Scraping of plants and seeds and undermining of the forest floor by wild rabbits

The obligation to pay compensation for damage caused by game does not apply, for example, to vineyards, gardens or forest crops that are exposed to an increased risk due to the introduction of species other than the main species of wood found in the hunting district if the usual protective devices have not been installed.

Damage caused by wildlife accidents, e.g. collision of a vehicle with a wild animal, does not count as "wildlife damage" in the sense described.

The party liable for compensation must restore the condition that would have existed if the circumstance requiring compensation had not occurred. In principle, damages are to be compensated in the form of in rem restitution (e.g. leveling of mounds of soil on a meadow churned up by wild boar and reseeding of the damaged areas). Instead of compensation in kind, the injured party can demand the amount of money required for restoration. In addition to the direct damage to the property, any consequential damage and loss of profit are also eligible for compensation.

Responsible bodies:

• Basically municipalities
• In the event of damage to properties not belonging to the municipality:
  • if the property is attached to a communal hunting ground, the municipality in which the communal hunting ground is located
  • otherwise with one of the neighboring municipalities

The entitlement to compensation for damage caused by game expires if the entitled party does not report the damage to the responsible municipality within one week of becoming aware of the damage or would have become aware of the damage if due care had been exercised.

In the case of damage to forestry land, it is sufficient to notify the municipality twice a year, by May 1 or October 1. The notification should identify the person liable to pay compensation.

• §§ 29 ff. Federal Hunting Act (BJagdG)
• Art. 47a Bavarian Hunting Act (BayJG)
• §§ 24 ff. Ordinance on the Implementation of the Bavarian Hunting Act (AVBayJG)
• §§ 249 ff. German Civil Code (BGB)

  Type and scope of compensation

• Game damage in agriculture and its assessment

If the party liable to pay compensation and the injured party do not agree on compensation for the damage, the injured party can only claim compensation for the damage caused by game in court if he has first registered it with the responsible municipality (so-called preliminary proceedings). The municipality attempts to work towards an amicable agreement between the parties involved.

If an amicable agreement is reached, a record is drawn up in which the person entitled to compensation and the person liable to pay compensation are stated, as well as the amount of compensation.

If an amicable agreement cannot be reached, the municipality shall, if it has not already done so, call in a game damage assessor to draw up a written report on the damage incurred. On the basis of the expert opinion, the municipality shall issue a written preliminary decision that determines the person entitled to compensation, the person liable for compensation and the amount of compensation and contains a provision on the bearing of costs.

Late or obviously unfounded applications for compensation for damage caused by game will be rejected by the municipality in writing.

The preliminary decision and the rejection decision can be reviewed before the ordinary courts (competent local court) by way of an action.

The action must be brought within an emergency period of four weeks from the notification of the decision.

The minutes of the amicable settlement are enforceable one week, the preliminary decision four weeks after service, unless an action is brought against it within the time limit.