Colorado Revised Statutes

Colo. Rev. Stat. § 33-41-105.5 (2026)

Prevailing party - attorney fees and costs

✓ current as of July 2026
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The prevailing party in any civil action by a recreational user for damages against a landowner who allows the use of the landowner's property for public recreational purposes shall recover the costs of the action together with reasonable attorney fees as determined by the court.

Source: L. 97: Entire section added, p. 54, § 6, effective March 21.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2017–2025 · leading case: Nelson v. United States, 256 F. Supp. 3d 1136 (D. Colo. 2017).
Nelson v. United States, 256 F. Supp. 3d 1136 (D. Colo. 2017). · cites it 2× “Plaintiffs are awarded their costs and attorneys’ fees incurred in bringing this action pursuant to Colo. Rev. Stat. § 33-41-105.5 . Plaintiffs shall provide their Bill of Attorneys’ Fees and Bill of Costs to the Court in accordance with the Federal Rules of Procedure.”
Kritzer v. Qwest (Colo. Ct. App. 2025). · cites it 2× “See § 33-41-105.5, C.R.S. 2024 (“The prevailing party in any civil action by a recreational user for damages against a landowner who allows the use of the landowner’s property for public recreational purposes shall recover the costs of the action together with reasonable…”
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