HB 23-1066

HB 23-1066, also known as the "Public Access Landlocked Publicly Owned Land" bill, allows individuals to cross private land in order to move from one corner of public land to another when both corners are surrounded by private property. This can be done without fear of legal consequences, provided they don’t step on or touch any part of the private land and only use mechanical means like ropes or pulleys if necessary. The bill also restricts landowners from building fences higher than 54 inches within 4 feet of these corners. Since it has been signed into law, people can now legally navigate between public lands that are otherwise blocked by private property, as long as they follow the guidelines set out in the bill.

Official Summary

Section 1 of the bill authorizes an individual to move from one corner of public land to another corner of public land where 2 public parcels meet 2 private parcels and share a common border, without being liable for criminal or civil trespass, if: 2 parcels of public land touch so that the individual can reasonably step from one parcel of public land to the other parcel of public land, or if there's a fence, could make the step as if there were not a fence; The individual moves over private land only as much as necessary to cross from one parcel of public land to the other; The individual does not step on or stand on the privately owned land or touch a fence on or other improvement to the privately owned land, but the individual may use mechanical means to move over the privately owned land; and The individual does not use a vehicle other than a wheelchair to cross over the private land. This authorization does not apply to the following: Moving over an improvement to public land that is designed to be occupied by individuals; Entering public land to use it in a way that violates the law; Moving over public land that the governing entity has prohibited the general public from entering or has controlled access to. Section 1 also prohibits a landowner from erecting an improvement to such a corner that is more than 54 inches high within 4 feet of the corner. Section 2 requires a court to dismiss a trespass tort if the defendant has complied with section 1. A successful defendant is awarded costs, including attorney fees. Section 3 instructs the parks and wildlife commission to promulgate rules codifying the actions allowed in section 1. The division of parks and wildlife will publicize the rules.(Note: This summary applies to this bill as introduced.)

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