Title 16 Laws

1. 16-11-600 Entry onto anothers pasture or other lands after notice; posting notice

Elements of Violation:

1. Entry onto anothers land
2. Prior notice of no trespassing
3. Verbal or by proper posting

Fine:

• $ 0-100 or up to 30 days in jail

This law; commonly called "trespassing after notice" or "simple trespassing" is used to charge persons for entry onto property that has been posted or that the person has been told to stay off. This law is useful in charging persons for four wheeling, mud riding, dog catching, horseback riding, swimming, etc. This law requires the landowner to post "No Trespassing" signs at four conspicuous places. In reality, the property should be posted every 100' and at all corners and access points. Once the property is posted, no one may enter the property for any purpose without permission.

2. 16-11-610 Entry onto anothers land for various purposes without permission

Elements of Violation:

1. Enter anothers land
2. No permission
3. To hunt, fish, trap, gather, net, etc.

Fines:

• First Offense $ 0-200 or up to 30 days in jail
• Second Offense $ 100-200 or up to 30 days in jail
• Third Offense $ 500-1000 or up to 6 months in jail

This law is a Title 16 law that is very similar to Title 50; 50-1-90; Hunting, Fishing, Trapping without Consent. This law does not require posting, however cases will be enhanced by proper posting. Any law enforcement officer can enforce this statue, and landowners can sign warrants against trespassers for this offense.

This law can be used when persons hunt, fish, trap, cut bushes or timber, steal straw and in general deprive the landowner of a property value or right.

3. 16-11-650 Removing, destroying or leaving down fences

Elements of Violation:

1. Destroying, removing, damage fence, gate, cable or bar
2. Fence, gate, cable or bar was intended to enclose property
3. Landowners must own fence, gate, cable or bar

Fine:

• $5-30 or 5 days to 30 days in jail

This law can be used against persons destroying fences or gates belonging to landowner.

4. 16-11-660 Traveling outside of road on cultivated lands

Elements of Violation:

1. Cultivated lands
2. Vehicle/walk off of road
3. Lands/crops belong to another

Fine:

• $5-30 or 5 days to 30 days in jail

This law is intended to protect crops from damage caused by vehicles, foot traffic, horses, etc. Persons that cause damage to crops by cutting across fields, four wheeling, etc. can be charged with this law.

5. 16-11-680 Altering and removing land markers.

Elements of Violation:

1. A wilful, known, malicious or fraudulent act of damage
2. To a boundary or marker

Fine:

• $ 0-100 or up to 30 days in jail

This law is intended to protect landowners from vandalism to property boundary markers.

6. 16-11-700 Dumping or littering on public or private property, responsibility of removal, penalties.

Elements: Various

Fines: Various

This litter law addresses litter on public and private property around the state. Landowners should read this law and be familiar with all aspects of this law.

Copies of all laws can be obtained from libraries or on the internet.

7. 16-11-755 Operation of certain motor vehicles on utility rights of way unlawful; penalties.

Elements of Violation:

1. No permission from landowner to enter power line
2. Not an agent of the utility that owns/leases power line
3. Driving motor driven vehicle or motor bike
4. Utility must have posted "No Trespassing" signs at conspicuous places on power line

Fine:

• $0 - 200

Notes: With the cooperation of a utility company, a landowner could prosecute a person for driving on his power line. The person could be charged regardless of his/her hunting status. In some specific instances, this law could be useful.

8. 16-11-760 Parking on private property without permission, removal of vehicles, lien for towing and storage, sale of vehicles.

Elements of Violation:

1. Property posted with "No Parking" signs
2. No permission
3. Vehicle parked

Fine:

• No criminal fines. Owner of vehicle must pay for towing and storage to retrieve vehicle.

This law is intended to protect landowners from vehicles being parked on private property without permission. Property must be posted with "No Parking" signs at conspicuous places. This law also provides liens for towing and storage cost that must be paid by the owner of the vehicle to get to the vehicle back.

9. Many other "trespass" laws exist that address specific situations. Some of these are described briefly below. Copies of these laws may be obtained at libraries and on the Internet. These laws are normally enforced by police and sheriffs deputies, however DNR officers may utilize these laws in specific instances.

1. 16-11-510 Malicious injury to animals and other personal property;
2. 16-11-520 Malicious injury to trees, house, outside fence, or fixture; trespass upon real property;
3. 16-11-580 Cutting, removing, or transporting timber, logs, or lumber without permission;
4. 54-13-30 Trespassing on privately owned docks unlawful, posting of notice.