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HOUSE BILL NO. 380
INTRODUCED BY B. REHBEIN
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING A PERSON WHO DESIRES TO ENTER OR REMAIN UPON LAND TO OBTAIN THE EXPLICIT PERMISSION OF THE LANDOWNER OR OTHER AUTHORIZED PERSON, EXCEPT FOR CERTAIN INCIDENTAL PURPOSES; ELIMINATING THE PROVISION THAT PERMISSION TO ENTER LAND IS EXTENDED BY FAILURE TO POST NOTICE DENYING ENTRY; PROVIDING THAT LANDOWNER PERMISSION IS REQUIRED FOR ENTRY ONTO PRIVATE PROPERTY FOR ALL HUNTING AND CERTAIN FISHING; AND AMENDING SECTIONS 45-6-201 AND 87-3-304, 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. 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 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) 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 through which or along which the public has an unfenced 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 a 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.
If Regardless of whether property has been posted in substantial compliance with subsection (2) or (3), it is
considered closed to public access unless explicit permission to enter is given by the landowner or his the landowner's
authorized agent. A person who incidentally enters property that is closed to public access is not in violation of this
subsection if the entry is because of the person's mistaken belief concerning the location of property boundaries.
(5) 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 educating and informing 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) This section does not prevent the entry upon property by emergency personnel, individuals engaged in retrieving stray livestock, persons who enter for purposes of inquiry or incidental solicitation, or persons with express or implied permission to conduct business or service-related activities.
(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 87-3-304, MCA, is amended to read:
"87-3-304. Landowner's permission required for
big game hunting and fishing. Every resident and nonresident
must have obtained shall obtain permission of the landowner, lessee, or their agents landowner's or lessee's agent before
hunting big game animals on private property or fishing upon waters not subject to access under Title 23, chapter 2, part 3."
- END -
Latest Version of HB 380 (HB0380.01)
Processed for the Web on January 25, 1999 (4:19PM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill| 1999 Session | Leg. Branch Home
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