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Legislative Year: 2023 Change
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Bill Detail: HB23-1066

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Title Public Access Landlocked Publicly Owned Land
Status Introduced In House - Assigned to Agriculture, Water & Natural Resources (01/19/2023)
Bill Subjects
  • Courts & Judicial
  • Natural Resources & Environment
House Sponsors B. Bradley (R)
Senate Sponsors
House Committee Agriculture, Water and Natural Resources
Senate Committee
Date Introduced 01/19/2023
Summary

Section 1 of the bill authorizes an individual to move from one
corner of public land to another corner of public land where 2 public
parcels meet 2 private parcels and share a common border, without being
liable for criminal or civil trespass, if:
  • 2 parcels of public land touch so that the individual can
reasonably step from one parcel of public land to the other
parcel of public land, or if there's a fence, could make the
step as if there were not a fence;
  • The individual moves over private land only as much as
necessary to cross from one parcel of public land to the
other;
  • The individual does not step on or stand on the privately
owned land or touch a fence on or other improvement to
the privately owned land, but the individual may use
mechanical means to move over the privately owned land;
and
  • The individual does not use a vehicle other than a
wheelchair to cross over the private land.
This authorization does not apply to the following:
  • Moving over an improvement to public land that is
designed to be occupied by individuals;
  • Entering public land to use it in a way that violates the law;
  • Moving over public land that the governing entity has
prohibited the general public from entering or has
controlled access to.
Section 1 also prohibits a landowner from erecting an
improvement to such a corner that is more than 54 inches high within 4
feet of the corner.
Section 2 requires a court to dismiss a trespass tort if the defendant
has complied with section 1. A successful defendant is awarded costs,
including attorney fees.
Section 3 instructs the parks and wildlife commission to
promulgate rules codifying the actions allowed in section 1. The division
of parks and wildlife will publicize the rules.

Committee Reports
with Amendments
None
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (02/01/2023) (most recent)  
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