New Idaho State Trespass law

[clearwater150]

I noticed the recent State Congressional session managed to pass a new trespass law. Essentially, it allows landowners to put up a sign where a public road enters their property notifying the public that it is private land for the next X miles. They can even post a map on the sign showing the extent of the private land on either side of road. The law exempts landowners from posting their land every 660 ft as current law requires.

I like the law in some ways but I can also see how it might be abused too. One good outcome may be to remove all the ugly paint we see along the roads on rocks, trees and what have you. However, I can see some drawbacks too. What if you are hunting public land and unknowingly enter onto pvt land that is noted on one of these entry signs 1/2 mile down in the canyon? Does the sign 1/2 mile away on the county road satisfy the law of posting on the back acres away from a road? How does this affect the unfenced private lands that are intermingled with public lands? I called the Boise Office of Fish and Game to discuss and get some answers to my questions. I talked to Brad Compton. Surprisingly, my call alerted them to the law. Evidently the legislature did not bother to talk to the F&G about the new law, even though it targets hunters and fishers. Mr. Compton looked the law up as we spoke over the phone and we discussed it and we concluded that time will tell what the ramifications/impact on hunting and fishing. To my way of thinking, this is just one more mid-night assault by our current State government on the hunting and fishing privileges we have enjoyed here in Idaho since Statehood. Did anyone even see or hear about this being debated in the State?

 

[UGAhunter]

I was aware of it, and generally thought it was a good law. However, I did not consider the point you make. I suppose how you access the property may effect how a judge might rule. But I can clearly see it could be an issue. The legislature probably did not debate the condition you describe. This will mostly effect road hunters. Those that hike, usually know the boundaries.

 

[WASHMULEYHUNTER]

This a very bad idea. This is how Washington is, in fact in Washington it is up to the hunter to find out where land boundaries are and what is private or public. They do not have to post their land. This can become a job as land can change yearly. In fact it's common for landowners there to post public land next to their land. I loved how Idaho had its private property laws. But I think we're just seeing that the more people that move into Idaho the more laws of the same as populated states we'll get. Makes it very hard on the sportsman.

 

[customweld]

It would seem that if you do happen to come onto unposted private ground away from a road ,I would say the burden of proof is on the landowner. Produce a deed with the legal description on it. It is pretty easy to say you own a piece of ground, there is illegally posted public ground every where. Carry a gps and a blm map. Know where you are to stay legal.

 

[customweld]

I certainly understand appreciate private property rights. With that being said, us little guys have the cards stacked against us. The large land owners have the legislators ears and have them in their back pocket. I also appreciate the ranchers and what they do. However nothing burns me more than to ask a rancher to hunt his ground and he says no. Then I run into his cows on the range at the end of October, when most leases end and cows are supposed to be off the range by October 15th.Then they cry about the elk and deer being on their ground in the winter but make no effort to let hunters push the animals off in the fall. After all that they ask for depredation money. I don't wanna hear about how hunters left a mess and now they don't let anybody on their ground. Ever find a water hole in the hills that has about twenty cows around it? Now that is a mess. Let er fly fellas

 

[deepforks]

this will be an absolute mess.

SB1241 - Effective 7/1/14
Idaho currently has areas where public roads go through private lands. At times these can be vast,
unfenced tracts of land. The intent of this legislation is to allow for the option of posting signs
where public roads enter private lands alerting the traveler that trespass off the road is not allowed.
This option will save the landowner the expense and labor of planting posts every 660 feet on huge
tracts of unfenced land. A sign will also be placed where the public road exits private land so the
traveler knows that access off the road right away is no longer posted against trespass. The sign
will convey the number of miles and if one or both sides of the road are private land where trespass
is not allowed, or a map of sufficient detail to express the same.

 

[deepforks]

on another note, there is legislation waiting to be signed that will now exempt private property owners from having to be or have licensed outfitters and guides on their land. its passed both the house and senate. call the governors office and recommend a veto. this is house bill 597.

 

[deepforks]

Clearwater, fish and game absolutely know about this. they have legislation updates on their website which even give f&g's position on said legislative bills. this trespass bill is on there.

 

[HUNTNNW]

The boundaries of the property away from the roads still have to be marked they way I read it. If your out hiking on public land and nowhere near a road they still need to mark the property

 

[orion23]

HUNTNNW, that is the way i read it too. not as big of a problem if im reading it correctly. i would be more worried about the areas away from roads.

Travis

 

[BPKHunter]

Like everything there are good and bad with everything, including Landowners and Hunters. The segment of Landowners that do everything they can to keep law abiding hunters off public land are offset by the hunters that think all game is their's and they have a right to it not matter where it is or how they get to it.

What's sad to me is that the tresspass laws of the state don't seem to be uniformally enforced. If a landowner calls in law enforcement, it is often up to that officer, be they F&G, sheriff, etc., on how they handle it.

I have discussed tresspass laws with various peace officers and the results seem to vary, particularly on the burden of proof vs just the word of a landowner.

Basically I think this law is good, but could be abused.

 

[bleutick]

I don't think the law is as "changed" as some might think it is. The private property still has to be marked in some way. As hunters we should at least do a little homework on the areas we hunt to figure out what type of lands we are hunting. Almost every county has a GIS map detailing each parcel and its ownership. By checking them out a guy can even find some little gems that others may not know about as well.

Be glad they haven't gone like Montana. There you don't have to post anything really and the burden falls to the hunters to know where they are and whose property it is...even when it is open to the public. I really don't see a big change in how trespassing citations will be handled with tis change. Maybe I will be surprised but I don't see it at this point.

 

[Pre64]

Time to buy the GPS chip. No more worries.

 

[clearwater150]

My disappointment is with our legislature. We see them passing bills to benefit large landowners. We don't see them even considering laws to benefit those of us who pay our way by footing the bill for the conservation and management of our State's wildlife....wildlife which contributes many, many millions to our State's economy. For example, they won't consider requiring the Idaho Dept of Land to acquire public ROWs when IDL logs our State lands. There are tens of thousands of acres of isolated State lands where IDL has built roads to cross private lands to access timber on State lands....our lands....and then hands control of the road to the pvt landowner creating a private hunting area. Some of these areas are quite large. I bet anyone reading this knows of at lease one such area in the unit they hunt. I know of many such instances. The public has brought this up over and over but it doesn't get traction in the State legislature and you won't see it get even considered because the very same landowners that lobbied for and found a receptive congress to pass this law we are talking about have the ear of congress and won't let such a rule be enacted. We also don't see any movement to allow us to access our State's streams for fishing as they have done in Montana. Like someone pointed out in their comment, we little guys just don't get no respect from this State Congress.

 

[broomd]

>Like everything there are good and
>bad with everything, including Landowners
>and Hunters. The segment
>of Landowners that do everything
>they can to keep law
>abiding hunters off public land
>are offset by the hunters
>that think all game is
>their's and they have a
>right to it not matter
>where it is or how
>they get to it.
>
>What's sad to me is that
>the tresspass laws of the
>state don't seem to be
>uniformally enforced. If a
>landowner calls in law enforcement,
>it is often up to
>that officer, be they F&G,
>sheriff, etc., on how they
>handle it.
>
>I have discussed tresspass laws with
>various peace officers and the
>results seem to vary, particularly
>on the burden of proof
>vs just the word of
>a landowner.
>
>Basically I think this law is
>good, but could be abused.
>
>
>
>

Good posting.
We're landowners. Smalltime. We have 30 acres here, but it is prime funneling canyon land that is very desirable for deer and elk.

We have many problems with out-of-state and even in-state hunters shooting on our land. It isn't even so mcuh about the game as my families safety. Due to the contour of our property skylined deer and elk can whiz bullets past our home. It has happened several times.

We're sick and tired of it all and will be learning more about the benefits of this law. We'll be enforcing no trespassing on our property. We worked hard for it and we pay the taxes on it.