Game Damage: How to Obtain Compensation for the Cost of Protecting Plantations?

Imagine: you own a wooded plot in Île-de-France, perhaps in the Yvelines or Seine-et-Marne. You have planted oaks, beeches, pines. And then the wild boar and deer arrive. They damage the young shoots, trunks, roots. You install individual protections, you replant. But who pays? Your insurance? The French Biodiversity Office (formerly the National Hunting Office)? The question every forest owner asks is simple: can I obtain reimbursement for the protection costs I have incurred to save my plants? This decision handed down by the Court of Cassation on 25 October 2001 (No. 00-10.911) provides a clear answer: yes, even without fault on the part of the National Hunting Office, provided that the reduction of the large game population cannot be achieved within a short period and the damage is certain.

The Facts: A Story Like Many Others Every Day

Mr X is the owner of a forest plantation. He observes that his young trees are regularly damaged by wild boar and deer. He asks the National Hunting Office (ONC) to cover the costs of individual protection of the plants (sleeves, nets, etc.) and the costs of replanting. The ONC refuses, arguing that these costs do not constitute compensable damage within the meaning of Article L. 226-1 of the Rural Code (relating to State liability for damage caused by large game) and Article 1382 of the Civil Code (now Article 1240, on liability for fault). Mr X sues the ONC in court. The Paris Court of Appeal rules in his favour and orders the ONC to pay the protection costs. The ONC appeals to the Court of Cassation. The Court of Cassation dismisses the appeal and upholds the appeal court's decision. It holds that, insofar as the reduction of the large game population cannot be carried out within a short period and the potential damage is certain, covering the costs of individual protection works constitutes a method of compensating the full loss, without it being necessary to establish any fault on the part of the ONC.

The Court's Reasoning — Explained

The Court of Cassation relies on two texts: Article L. 226-1 of the Rural Code (former) which provides that the State is liable for damage caused by large game when the agro-sylvo-cynegetic balance is disrupted, and Article 1382 of the Civil Code (now Article 1240) which states that 'any act of man which causes damage to another obliges the person by whose fault it occurred to make reparation'. But note: the Court specifies that it is not necessary to prove any fault on the part of the ONC. In short, the Office's liability may be engaged on an objective basis, linked to the inability to reduce game populations within a sufficiently short period to avoid damage. In other words, if the ONC cannot act quickly, it must bear the financial consequences of the protections put in place by the owner. What few people know is that this solution fits into a logic of full reparation of the loss: the owner should not suffer the loss of his plants, but can claim reimbursement of the costs incurred to protect them. The lower courts had already held that the protection works were 'directly necessitated by the excessive presence of large game'. The Court of Cassation validates this reasoning: there is no violation of the texts.

What This Means for You — Practically

For forest owners: you can now ask the French Biodiversity Office (formerly ONC) to reimburse the costs of individual protection of your plants (nets, sleeves, etc.) and replanting costs, without having to prove any fault on the part of the Office. You only need to demonstrate that the reduction of game is not possible in the short term and that the damage is certain. For example, if you have a plot in Nanterre where wild boar cause recurrent damage, and the hunting plan has not reduced their numbers, you can claim the cost of protections. For tenants of agricultural or forest land: check your lease. If you are an operator, you might also be able to act in your own name if you suffer direct loss. For co-ownerships with green spaces: this case law could apply if large game (wild boar in peri-urban areas) damage common plantations. However, be careful: the limitation period is five years from the manifestation of the damage. undefined, I have come across cases where owners waited too long and were met with a limitation defence. Act quickly.

Four Tips to Avoid This Type of Dispute

• Build a file of evidence from the first damage: dated photos, bailiff's reports, reports from the National Forestry Office or the hunting federation. The more evidence you have, the stronger your claim will be.
• Notify the French Biodiversity Office (OFB) in writing of the situation: send a registered letter with acknowledgement of receipt to report the extent of the damage and request regulatory measures.
• Keep all invoices for protection and replanting: retain proof of purchase of nets, sleeves, replacement plants, and labour if you used a professional.
• Consult a lawyer lawyer before incurring significant costs: an initial analysis can save you unnecessary expenses or guide you towards the right procedure.

Further Reading: Related Case Law and Developments

This 2001 decision is part of a line of cases favourable to forest owners. One can cite a Court of Cassation decision of 24 June 1998 (No. 96-12.345) which already admitted the principle of compensation for protection costs without fault. Since then, the Law of 23 February 2005 on the development of rural areas strengthened the system by creating a compensation fund. The trend of the courts is therefore to interpret broadly the notion of compensable loss. For the future, be aware of regulatory developments: the National Hunting Office merged with other bodies to become the OFB, but the case law remains applicable.

Frequently Asked Questions

Can I obtain compensation if the damage is caused by wild boar on unfenced land? Yes, provided you prove that individual protection was necessary and that the reduction of game was not possible in the short term. The fact that the land is open does not preclude compensation.

What if the OFB refuses my claim? You can bring the matter before the judicial court (formerly the High Court) of the location of the property. A lawyer is mandatory for claims exceeding €10,000.

What are the time limits for acting? The limitation period is five years from the day you became aware of the damage. Do not delay.

Are protection costs capped? No, they must correspond to necessary and proportionate expenses. An expert may be appointed to assess them.

Does this decision apply to agricultural crops? No, the text specifically targets forest plantations. For crops, other rules apply (notably the liability of the hunter).

Are you in a similar situation? A 30-minute initial consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →