Service Finder
Hunting - Game damage compensation - File a claim
Service Description
Compensable game damage is damage caused by cloven-hoofed game, wild rabbits and pheasants to land used for agriculture and forestry. The damage caused by game to separated but not yet harvested products of a plot of land shall also be compensated.
Damage caused by game to land on which hunting is not allowed is not compensated.
If damage is caused to a plot of land belonging to or attached to a common hunting district, the hunting cooperative shall compensate the injured party for the damage. If the hunting leaseholder has assumed the compensation of the game damage in whole or in part, the obligation to compensate shall be incumbent on the hunting leaseholder. In the case of proprietary hunting districts, the provisions shall apply accordingly.
If soil products, the full value of which can only be assessed at the time of harvest, are damaged by cloven-hoofed game, wild rabbits or pheasants before this time, the damage caused by game shall be compensated to the extent it appears at the time of harvest. However, in determining the amount of damage, consideration shall be given to whether the damage can be compensated for by replanting in the same marketing year in accordance with the principles of a customary method of cultivating the land.
Game damage to vineyards, gardens, orchards, nurseries, avenues, solitary trees, forest crops with main species of wood other than those occurring in the hunting district, or outdoor plantings of horticultural or high-value commercial crops shall not be compensated if there has been a failure to erect customary protective devices sufficient to avert the damage under normal conditions.
Normal protective devices for averting damage from game are considered to be game fences which, in order to keep out
- Red and fallow deer a minimum height of 1.80 m,
- roe deer and wild boar a minimum height of 1.50 m,
- mouflon a minimum height of 2.50 m and
- wild rabbits a minimum height of 1.30 m above the ground surface, have a wire mesh fence with max.40 mm mesh size and are buried at least 0.20 m deep into the ground.
In addition, the protection devices must be continuously checked and kept game-proof.
Hunting damage is damage caused to real estate in connection with the practice of hunting.
Process flow
The claim for compensation for damage caused by game or hunting must be filed in writing with the municipality responsible for the damaged property.
After timely notification, the municipality will immediately schedule a meeting on the spot to determine the alleged damage and work towards an amicable settlement. The hunting leaseholder shall also be summoned to the meeting, provided that he has to reimburse the game damage in whole or in part.
If an amicable settlement is reached, a record shall be made of the damage to be compensated and the costs of the proceedings.
If no amicable agreement is reached between the party entitled to compensation and the party liable to pay compensation, the municipality shall summon a damage assessor at a subsequent meeting. If no agreement can be reached at the second on-site meeting with the participation of the game damage assessor, the municipality will commission the assessor to determine the damage. Based on the damage assessment, the municipality will determine the amount of damage in a notice.
Who should I contact?
To the municipality responsible for the damaged property.
Requirements
Owners or beneficiaries of land are entitled to compensation. The land must not be located in a pacified district.Compensable game damage is damage caused by cloven-hoofed game, wild rabbits and pheasants.
Which documents are required?
Notification of damage to real property shall be made in writing. A form is provided for this purpose.
What are the fees?
Costs are incurred by the administration conducting the proceedings.
If the party entitled to compensation and the party liable for compensation are unable to reach an amicable agreement after the first on-site meeting, additional costs will be incurred for the damage estimate.
What deadlines do I have to pay attention to?
The right to compensation for damage caused by game or hunting expires if the person entitled does not report the damage within one week after he/she has become aware of the damage or would have become aware of it if he/she had 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, in each case by May 1 (winter damage) or October 1 (summer damage).
Processing duration
The processing time may vary due to deadlines and loading periods.
Legal basis
Applications / forms
The legal remedy shall be provided by notice of the administration conducting the proceedings if the party entitled to compensation and the party liable for compensation have not been able to reach an amicable agreement after the first on-site meeting.
The parties involved may file a complaint against the decision with the district court within an emergency period of two weeks from the date of service. The district court in whose district the municipality involved in the proceedings has its registered office is responsible, § 48 a Thuringian Hunting Act in the currently valid version.
Appeal
Supporting institutions
The competent lower hunting authority assists the administration conducting the proceedings on the basis of requests for administrative assistance in determining the owner of the hunting right of the land on which the damage is alleged to have occurred. In addition, the lower hunting authority appoints the damage assessors and appoints a forest expert for the estimation of damage in the forest.
Comments
The annually updated reference rates for use damage on agricultural land can be found on the website of the Thuringian State Office for Agriculture and Rural Areas (TLLLR).
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Infrastructure and Agriculture
Professionally released on
15.03.2022
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
