SENATE BILL NO. 15
INTRODUCED BY A. BISHOP
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LAW RELATING TO CRIMINAL TRESPASS TO PROPERTY; REVISING THE DEFINITION OF "ENTER OR REMAIN UNLAWFULLY"; PROVIDING THAT UNLESS PRIVATE LANDS THAT ABUT PUBLIC LANDS ARE CLEARLY MARKED AS PRIVATE, ENTRY ONTO THE PRIVATE LANDS IS NOT CRIMINAL TRESPASS; PROVIDING THAT UNLESS PRIVATE LANDS THAT ABUT A PUBLIC ROAD ARE FENCED OR OTHERWISE ENCLOSED, ENTRY ONTO THE PRIVATE LANDS IS NOT CRIMINAL TRESPASS; AND AMENDING SECTIONS 45-6-201 AND 77-1-806, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-6-201, MCA, is amended to read:
"45-6-201. Definition of "enter or remain unlawfully". (1) A person enters or remains unlawfully in or upon any
vehicle, occupied structure, or premises when he the person is not licensed, invited, or otherwise privileged to do so.
Privilege to enter or remain upon land is extended either by the explicit permission of the landowner or other authorized
person or by the failure of the landowner or other authorized person to post notice denying entry onto private land or to
fence off or otherwise enclose the private property. The privilege may be revoked at any time by personal communication
of notice by the landowner or other authorized person to the entering person.
(2) To Except as provided in subsection (3), to provide for effective posting of private land through which the public
has no right-of-way, the notice provided for in subsection (1) must satisfy the following requirements:
(a) notice must be placed on a post, structure, or natural object by marking it with written notice or with not less than 50 square inches of fluorescent orange paint, except that when metal fenceposts are used, the entire post must be painted; and
(b) the notice described in subsection (2)(a) must be placed at each outer gate and normal point of access to the property, including both sides of a water body crossing the property wherever the water body intersects an outer boundary line.
(3) To provide for effective posting of private land that abuts public land, the notice provided for in subsection (1) must:
(a) satisfy the requirements of subsection (2)(a); and
(b) be placed at regular intervals along the adjoining border so that each notice is visible from the adjoining notice and is at a distance not to exceed 250 feet between notices.
(3)(4) To provide for effective posting of private land through which or along which the public has an unfenced a
right-of-way by means of a public road, a landowner shall:
(a) place a conspicuous sign no closer than 30 feet of the centerline of the roadway where it enters the private land,
stating words substantially similar to "PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT ___ MILES"; or
(b) place notice, as described in subsection (2)(a), no closer than 30 feet of the centerline of the roadway at regular
intervals of not less than one-fourth mile along the roadway where it borders unfenced private land, except that orange
markings may not be placed on posts where the public roadway enters the private land fence off or otherwise enclose the
private land.
(4)(5) If property has been posted or fenced in substantial compliance with subsection subsections (2) or (3) through
(4), it is considered closed to public access unless explicit permission to enter is given by the landowner or his the
landowner's authorized agent.
(5)(6) The department of fish, wildlife, and parks shall attempt to educate and inform all persons holding hunting,
fishing, or trapping licenses or permits by including on any publication concerning the licenses or permits, in condensed
form, the provisions of this section concerning entry on private land. The department shall use public media, as well as its
own publications, in attempting to educate and inform other recreational users of the provisions of this section. In the
interests of providing the public with clear information regarding the public nature of certain unfenced rural rights-of-way,
the department may develop and distribute posting signs that satisfy the requirements of subsection (3).
(6)(7) For purposes of this section, "land" means land as defined in 70-15-102.
(7)(8) In no event may civil liability be imposed upon the owner or occupier of premises by reason of any privilege
created by this section."
Section 2. Section 77-1-806, MCA, is amended to read:
"77-1-806. Prior notification to lessee of recreational use -- trespass -- penalty. (1) If a lessee of state lands under
this part desires to be notified prior to anyone entering upon his the leasehold, the lessee shall post, at customary access
points, signs provided or authorized by the department. The signs must set forth the lessee's or his the lessee's agent's name,
address, telephone number, and method of notification. The lessee or his the lessee's agent shall make himself must be
available to receive notice from recreational users or provide an alternative means for notice as prescribed by rule. When
state land is posted, recreational users shall contact and identify themselves to the lessee or his the lessee's agent for the
purposes of minimizing impact upon the leasehold interest and learning the specific boundaries of adjacent unfenced
private property.
(2) Each recreational user of state lands shall obtain permission of the lessee or his the lessee's agent before entering the
adjacent private property owned by the lessee. Entry If adjacent private property is posted as required by 45-6-201(3), entry
to private property from adjacent state lands without permission of the landowner or his the landowner's agent is an
absolute liability offense. A violator of this subsection is guilty of a misdemeanor and shall be fined not less than $50 or
more than $500, imprisoned in the county jail for not more than 6 months, or both.
(3) A person may be found guilty of the offense described in subsection (2) regardless of the absence of fencing or
failure to post a notice in accordance with 45-6-201."
- END -
Latest Version of SB 15 (SB0015.01)
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