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ID H0658

Bill

Status

Passed

3/23/2018

Primary Sponsor

Ways and Means Committee

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

HB 658 Summary

  • Establishes comprehensive civil trespass liability allowing landowners to recover damages of $500 minimum or actual damages, plus attorney fees and investigation costs; treble damages for trespass causing over $1,000 in property damage.

  • Creates new criminal trespass misdemeanor penalties ranging from $300 infraction for first-time trespass with no damage, to $500-$1,000 fine for other first offenses, with enhanced penalties for repeat violations and felony charges for third offenses causing over $1,000 damage.

  • Requires property posting with "No Trespassing" signs spaced at least every 660 feet, or conspicuous orange paint/blazes at corners and boundaries, to establish trespass liability; navigable streams remain accessible below high-water mark.

  • Limits landowner duty of care to trespassers to refraining from intentional or wanton acts; establishes landowner immunity from liability for recreational use of property offered without charge.

  • Allocates trespass-related fines with 10% to district court, 65% to county sheriff's office, and 25% to Idaho rangeland resources commission for private property rights education.

Legislative Description

Amends and adds to existing law to provide for civil trespass, criminal trespass and recreational trespass, and to limit the liability of a landowner to a trespasser.

PROPERTY

Last Action

March 28, 2018 Session Law Chapter 350 Effective: 07/01/2018

3/23/2018

Committee Referrals

Agricultural Affairs3/21/2018
Resources and Environment3/13/2018
Agricultural Affairs3/2/2018

Full Bill Text

No bill text available