North Dakota House passes ‘trespass bill’ with major changes
BISMARCK — A bill to change North Dakota’s trespassing and posting laws remained alive after a vote in the state House, though many changes sought by the House Agriculture Committee were defeated.
The debate on the floor of the House on Thursday, April 11, revealed numerous simmering differences of opinion along urban and rural divides and between landowners and hunters. The bill still has to be ironed out by a conference committee.
Property owners have been seeking changes to North Dakota’s private property laws for more than a decade. North Dakota is the only state in the region in which anyone can enter private property without permission unless the land is posted for no trespassing or no hunting.
Senate Bill 2315, as passed by the Senate, would have set up a database for landowners to choose whether to mark their land open or closed to hunters. Landowners could still have chosen to physically post their land.
The version voted on by the House on Thursday was far more complicated and included the possibility of all land being closed unless hunters sought permission if an out-of-session advisory committee didn’t come up with a database and other recommendations. The House instead voted on two “divisions” of the bill separately and passed the changed bill on a 55-38 vote.
The bill that passed the House would make few changes to existing law. It would allow landowners to ask people to leave their land, even if the landowner had chosen not to post it for no trespassing, would prevent people from going on private land for reasons other than hunting and would prohibit people from guiding or outfitting on private land without permission. It also would make entering posted private land without permission a noncriminal offense for a first incident and a Class A misdemeanor for subsequent incidents.
Property rights provisions defeated
The bill that passed the House fell far short of what many agriculture and landowner groups wanted.
“I think we made a mistake today,” Rep. Bill Tveit, R-Hazen, testified after many of the provisions a House Agriculture subcommittee put together failed.
The subcommittee put together a complicated bill that would have, as Tveit put it, offered a “hammer” to get sportsmen to the table to come up with a solution to the issue.
The original bill presented to the House on Thursday would have required a legislative study of access to public and private lands and related issues. The land advisory committee, made up of representatives of landowners, sportsmen, legislative members from both parties and the Association of Counties, with input from several state agencies, would have had to report its findings and provide recommendations regarding electronic posting of land by Aug. 1, 2020.
Until Aug. 1, 2020, the bill would have given landowners the option of marking their land as closed through an online database or through physical signs. Hunting still would have been allowed on unposted land, but entering the land for any other purpose would not have been allowed.
However, the bill also would have required that if the land access committee did not turn in recommendations by Aug. 1, 2020, the changes would not have been made. Instead, sections of law would have gone into effect on Aug. 1, 2020, to prohibit hunting on privately owned land without permission.