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State of
DEPARTMENT
OF NATURAL RESOURCES |
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JENNIFER M. GRANHOLM governor |
REBECCA A. HUMPHRIES director |
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State of
DEPARTMENT
OF NATURAL RESOURCES |
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JENNIFER M. GRANHOLM governor |
REBECCA A. HUMPHRIES director |
POSITION
The Department supports these bills.
PROBLEM/BACKGROUND
Trespassing is illegal and seriously erodes support
for outdoor recreational activities.
Permission is required from the landowner or leaseholder before entering
on any farm lands or connected woodlots or on any fenced or posted private
land.
Current law requires that property be fenced,
enclosed, or posted with signs that are at least 50 square inches, using
lettering at least one inch in height.
Property, other than farm land or connected woodlots, must be posted in
a conspicuous manner to enable a person to observe not less than one sign at
any point of entry upon the property.
Maintaining “No Trespassing” signs in a conspicuous
manner requires periodic effort due to the elements and vandalism.
DESCRIPTION OF BILL
The two tie barred bills combined would amend the
Recreational Trespass, Part 731, of the Natural Resources and Environmental
Protection Act, to allow landowners to utilize purple paint markings as an
alternative to signs to delineate "No Trespassing" areas and make it
unlawful to place purple paint on property of another without written
permission of the landowner.
SUMMARY OF ARGUMENTS
Pro
Purple paint may be a simpler, easier and less
expensive way for property owners to protect their lands from unwanted entry.
*Paint is not susceptible to being torn down.
*Paint may be more durable than signs.
*Some forested areas are not suited to fencing or
posting, except at the expense of damaging trees by nailing.
Con
* Unlike a sign or a
fence, there is no inherent recognition of “purple paint” as a demarcation of
private property.
*Foresters, both public and private,
may object to the markings.
*Paint is durable; when property
changes hands, a new property owner not wanting to be bothered with being asked
permission or prohibit people from entry, may find it burdensome to paint over
the purple marks.
*Signs or fences are more clearly
present or not present, purple marks will fade over time, and may lead to “gray
areas” for officers, prosecutors and courts to interpret.
*Some persons will find purple paint
aesthetically offensive in our landscape.
*Purple paint will present an easy,
inexpensive opportunity for anti-hunters, animal rights activists, or feuding
hunters to unlawfully mark property.
FISCAL/ECONOMIC
IMPACT
Are there revenue or
budgetary implications in the bill to the --
Budgetary:
None
Revenue:
None
Comments:
None
Budgetary:
None
Revenue:
None
Comments:
None
Comments:
None
OTHER STATE DEPARTMENTS
None
ANY OTHER PERTINENT INFORMATION
Several
southern states recognize purple paint markings to indicate “No Trespass”
areas.
ADMINISTRATIVE
RULES IMPACT
None
_______________________________
Rebecca A. Humphries
Director
_______________________________
Date
LED
