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PAG LIN
1 1 Section 1. NEW SECTION. 481A.133A HUNTER'S TRESPASS –
1 2 CIVIL PENALTY.
1 3 1. As used in this section:
1 4 a. "Hunter's trespass" means a person engaged in hunting a
1 5 wild animal who does either of the following:
1 6 (1) Enters upon a landowner's land without the express
1 7 consent of the landowner.
1 8 (2) Remains on a landowner's land after being notified to
1 9 vacate the land by the landowner.
1 10 b. "Landowner" means a person holding an interest in land
1 11 sufficient to authorize consent to a person to hunt on that
1 12 land.
1 13 2. This section does not apply to either of the following:
1 14 a. The pursuit of a wild animal legally injured or killed
1 15 on land other than the landowner's land, which comes to rest
1 16 on or escapes to the land.
1 17 b. The terms of a contract executed between a hunter and a
1 18 landowner.
1 19 3. A person committing hunter's trespass shall pay a civil
1 20 penalty according to the schedule provided in section
1 21 481A.130. The amount of the civil penalty shall be awarded to
1 22 the landowner whose land was subject to the hunter's trespass.
1 23 The attorney general or a county attorney in the county where
1 24 the violation occurs may bring an action to enforce this
1 25 section in the county's district court.
1 26 4. In an action for hunter's trespass in which there is an
1 27 issue of the landowner's consent to enter onto the landowner's
1 28 land, the defendant must show by a preponderance of the
1 29 evidence that the landowner gave consent to entry. Written
1 30 evidence that confirms the landowner's consent to entry shall
1 31 be conclusive for this purpose.
1 32 5. The department shall prescribe and publish consent
1 33 forms necessary to carry out this section. The forms shall be
1 34 made available to the public, including persons obtaining
1 35 hunting licenses from the department pursuant to chapter 483A.
2 1 EXPLANATION
2 2 This bill creates a civil offense referred to as hunter's
2 3 trespass, which occurs when a person enters upon land without
2 4 the express permission of the landowner in order to hunt a
2 5 wild animal, or remains upon the land after being notified to
2 6 vacate the land by the landowner. The offense does not
2 7 include the pursuit of a wild animal legally injured or
2 8 killed, or the terms of a contract executed between the
2 9 parties. The attorney general or a county attorney in the
2 10 county where the violation occurs may bring an action to
2 11 enforce the bill's provisions. A person committing hunter's
2 12 trespass must pay a civil penalty according to the schedule
2 13 provided in section 481A.130. The amount must be awarded to
2 14 the landowner. The bill provides that in an action for
2 15 hunter's trespass in which there is an issue of consent by the
2 16 landowner, the defendant must show by a preponderance of the
2 17 evidence that consent for entry was given by the landowner.
2 18 Written evidence that confirms the landowner's consent is
2 19 conclusive evidence. The bill requires the department of
2 20 natural resources to prescribe and publish consent forms
2 21 necessary to carry out the bill's provisions.
2 22 LSB 4400SV 76
2 23 da/jj/8
Text: SF02372 Text: SF02374 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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