Landwirtschaft: Wildschäden, Jagdschäden

Compensation for damage caused by game or hunting.

Compensable game damage is damage caused by certain game species (hoofed game (where hoof = claw/hoof of cloven-hoofed animals), wild rabbits and pheasants) to agricultural, forestry or fishing land and plants, even if these have been separated from the ground but not yet harvested.

Hunting damage is damage caused to land in connection with the practice of hunting.

If a property belonging to a communal hunting district is damaged, the hunting cooperative must compensate the injured party for the damage. If the hunting tenant has assumed the compensation of the game damage in whole or in part, the hunting tenant shall be liable for compensation. The provisions shall apply accordingly in the case of private hunting districts.

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 shall 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.

No compensation shall be paid for damage caused by game to vineyards, gardens, orchards, tree nurseries, avenues, single trees, forestry crops with species other than the main species of wood found in the hunting district or open-air plantings of horticultural or high-value commercial plants, provided that the usual protective devices that would normally suffice to avert the damage have not been erected.

The following are generally regarded as "customary protective devices" that are sufficient to prevent damage caused by game under normal circumstances

• Red deer and fallow deer a minimum height of 1.80 m,
• roe deer and wild boar a minimum height of 1.50 m (game fences against wild boar must also be secured to the ground to prevent them from being lifted up by the wild boar),
• mouflon a minimum height of 2.50 m and
• of wild rabbits must have a minimum height of 1.20 m above the ground surface and be set at least 0.30 m deep into the ground.

Costs may be incurred for administrative expenses and, if necessary, for a game damage assessment. Detailed information on this can be obtained from the responsible office.

The entitlement to compensation for damage caused by game and hunting expires if the entitled party does not report the damage 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.

To the municipal, local or city administration in whose district the damaged property is located.