03-18-2018, 03:42 AM
MackayGuy,
I grew up on a farm that had abundant waterfowl and upland game and we dealt with trespassers so I fully understand your predicament. I also agree trespassers should have much stiffer penalties for infractions. What I absolutely do not agree with is the wording of this bill that targets innocent people. I have read all 21 pages of this bill and frankly, it's scary what it could do to law abiding citizens.
For example, last fall I explored some new territory that I've always wanted to connect to another area I hunt frequently I drove up a forest service road and took a few side roads that were clearly marked on the map and my gps. After several miles I went over a ridge and wound down some switchbacks and saw the other main road I wanted to connect to and go back to the highway on. Keep in mind, every road I drove on was on my map and gps. As I got to the bottom of the draw I pulled up to the gate and there was a large metal sign on it. I got out of my truck and saw the gate was padlocked and the sign read "no trespassing". I about crapped my pants! I didn't cross through a single gate on my drive and yet there I was on private property behind a locked gate. The land I had come in on was clearly BLM land and yet somewhere I had inadvertently crossed some property line that was not marked nor fenced from the direction I had approached it.
Under bill 658 I could potentially be a felon. If I had crossed three property boundaries it would be a felony and I could be sued several thousand dollars not to mention jail time. Under HB 658 the landowners are no longer required to mark the boundaries every 660', just corners and main right of way gates. The civil trespass is my major gripe with this bill. Why not keep the existing law and just significantly enhance the penalties? Under the current law there is intent required to to be punished. The new wording deletes all uses of intent and basically gives ultimate authority to the landowner if they "think" someone is guilty, then they are. I don't like that one bit. I avoid private property because I respect landowners and I like solitude.
How often as an outdoorsman do we go cross country on foot or horseback? Under the new law, how are we to know if that fence we encounter is a BLM fence seperating grazing sections or if it's private property? Property corners can be miles apart and with no right of ways anywhere around, how does your average joe know what's private and what's not if its not marked? The honest outdoorsman is locked out due to fear it may be private and they don't want the risk of a felony because the property wasn't marked. That's how we get shut out by the wealthy few (this whole bill got started by out of staters from Texas, Wilkes brothers- those are the main landowners I was referring to by the wealthy remark). They can sue our pants off and if we win, we are still responsible for court costs/attourneys fees. Growing up on our farm, we always marked our fencepost tops and hung new no trespassing signs when the old ones faded. That will at least keep the honest guy out and if you catch some one trespassing under those circumstances, throw the book at them.
I absolutely do not feel entitled to access private property, but I do feel like I am entitled to being able to enjoy my public land without fear of trespassing unknowingly and being punished because private property will not be required to be marked. I'm sorry you have to deal with idiots who have no respect for your property. I fully agree we need stiffer penalties, but not the way HB 658 outlines it. The current law is clear, but the penalties need to be stepped up for the guilty big time. Good luck and I hope a solution comes out that allows you to enjoy ownership of your property that significantly reduces your trespassing issues. Happy trails.
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I grew up on a farm that had abundant waterfowl and upland game and we dealt with trespassers so I fully understand your predicament. I also agree trespassers should have much stiffer penalties for infractions. What I absolutely do not agree with is the wording of this bill that targets innocent people. I have read all 21 pages of this bill and frankly, it's scary what it could do to law abiding citizens.
For example, last fall I explored some new territory that I've always wanted to connect to another area I hunt frequently I drove up a forest service road and took a few side roads that were clearly marked on the map and my gps. After several miles I went over a ridge and wound down some switchbacks and saw the other main road I wanted to connect to and go back to the highway on. Keep in mind, every road I drove on was on my map and gps. As I got to the bottom of the draw I pulled up to the gate and there was a large metal sign on it. I got out of my truck and saw the gate was padlocked and the sign read "no trespassing". I about crapped my pants! I didn't cross through a single gate on my drive and yet there I was on private property behind a locked gate. The land I had come in on was clearly BLM land and yet somewhere I had inadvertently crossed some property line that was not marked nor fenced from the direction I had approached it.
Under bill 658 I could potentially be a felon. If I had crossed three property boundaries it would be a felony and I could be sued several thousand dollars not to mention jail time. Under HB 658 the landowners are no longer required to mark the boundaries every 660', just corners and main right of way gates. The civil trespass is my major gripe with this bill. Why not keep the existing law and just significantly enhance the penalties? Under the current law there is intent required to to be punished. The new wording deletes all uses of intent and basically gives ultimate authority to the landowner if they "think" someone is guilty, then they are. I don't like that one bit. I avoid private property because I respect landowners and I like solitude.
How often as an outdoorsman do we go cross country on foot or horseback? Under the new law, how are we to know if that fence we encounter is a BLM fence seperating grazing sections or if it's private property? Property corners can be miles apart and with no right of ways anywhere around, how does your average joe know what's private and what's not if its not marked? The honest outdoorsman is locked out due to fear it may be private and they don't want the risk of a felony because the property wasn't marked. That's how we get shut out by the wealthy few (this whole bill got started by out of staters from Texas, Wilkes brothers- those are the main landowners I was referring to by the wealthy remark). They can sue our pants off and if we win, we are still responsible for court costs/attourneys fees. Growing up on our farm, we always marked our fencepost tops and hung new no trespassing signs when the old ones faded. That will at least keep the honest guy out and if you catch some one trespassing under those circumstances, throw the book at them.
I absolutely do not feel entitled to access private property, but I do feel like I am entitled to being able to enjoy my public land without fear of trespassing unknowingly and being punished because private property will not be required to be marked. I'm sorry you have to deal with idiots who have no respect for your property. I fully agree we need stiffer penalties, but not the way HB 658 outlines it. The current law is clear, but the penalties need to be stepped up for the guilty big time. Good luck and I hope a solution comes out that allows you to enjoy ownership of your property that significantly reduces your trespassing issues. Happy trails.
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