Compensation for hunting and game damage

Please report any damage to the municipal administration responsible for the damaged ground area of the independent municipality, association municipality or city administration of the independent or large district town. The municipalities, the association municipalities as well as the independent and large cities are responsible for this task.

1. If an area of land belonging to a communal hunting district or attached to a communal hunting district is damaged by hoofed game (e.g. roe deer, wild boar), wild rabbits or pheasants, the hunting cooperative must compensate the injured party for the damage caused by the game. In the case of hunting leases, the lessee is liable if he has undertaken to compensate the damage caused by game in the hunting lease; in this case, the hunting cooperative is only liable if the injured person cannot obtain compensation from the lessee. In the case of private hunting districts, a distinction must be made as to whether the land in question is attached land or land originally belonging to the hunting district. In the case of annexed areas, the owner of the hunting district is initially liable for compensation. However, if the land is leased, the tenant can also assume this obligation so that the owner is only subordinately liable. For areas originally belonging to the hunting district, the obligation to pay compensation is based on the legal relationship between the injured party and the person authorized to hunt. This can either be a land lease agreement between the owner of the land who is authorized to hunt and the owner of the land who is authorized to hunt, and a farmer, or a hunting lease agreement between the owner of the land who is authorized to hunt and a tenant hunter.
2. If land products whose full value can only be assessed at the time of harvest are damaged by game before this time, the damage caused by game is to be compensated to the extent that it occurs at the time of harvest. When determining the amount of damage, however, it must be taken into account whether the damage can be compensated for by replanting in the same marketing year in accordance with the principles of proper farming.
3. Damage caused by game to vineyards, gardens, orchards, tree nurseries, avenues, single trees, forestry crops with other main species of wood than those found in the hunting district and open-air plantings of horticultural or high-value commercial crops (special crops) shall not be compensated if the usual protective devices that would be sufficient to avert the damage under normal circumstances have not been put in place.

The right to compensation for damage caused by game and hunting expires if the injured party does not report the damage to the competent authority 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 competent authority twice a year, by May 1 or October 1.

Within one week of reporting damage caused by game or hunting at the latest, the injured party must inform the authority that it was not possible to reach an amicable settlement with the person liable for compensation and provide information on the amount of damage. If damage caused by game or hunting is reported in good time, the administration of the responsible municipality shall immediately arrange an appointment at the site of the damage to bring about an amicable settlement, inviting the parties involved and an appointed game damage assessor.

If an amicable agreement is reached at the meeting at the site of the damage, this must be recorded in minutes, which must contain in particular the type of damage, its amount and the date of reimbursement as well as the distribution of the costs of the preliminary proceedings. It must be signed by the parties involved.

If an amicable agreement cannot be reached, the game damage assessor shall determine the damage incurred, which shall form the basis of the administration's written preliminary decision.

Note: The vast majority of all game and hunting damage is settled directly between the injured party and the person liable to pay compensation (usually the hunting tenant) by mutual agreement, so that an official game damage procedure is not initiated.

• Federal Hunting Act (BJagdG)
• State Hunting Act (LJG)
• State Hunting Ordinance
• State ordinance on fees for hunting administration (special fee schedule)

• Game damage
• Silvicultural expertise

24.01.2020