Private Property Rights Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 450

Short Title: Private Property Rights Act. (Public)
Sponsors: Representatives Chesser, Miller, Pyrtle, and Huneycutt (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, Wildlife Resources, if favorable, Rules, Calendar, and
Operations of the House
March 20, 2025
*H450-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROHIBIT A PRIVATE DETECTIVE OR PRIVATE INVESTIGATOR FROM 2
INSTALLING AND USING AN ELECTRONIC TRACKING DEVICE WITHOUT FIRST 3
OBTAINING A SEARCH WARRANT OR OTHER JUDICIAL ORDER AUTHORIZING 4
THE INSTALLATION AND USE; AND TO REQUIRE THAT WILDLIFE PROTECTORS 5
OBTAIN A SEARCH WARR ANT OR OTHER SIMILAR ORDER BEFORE 6
CONDUCTING INSPECTIONS OR INVESTIGATIONS ON OR IN CERTAIN PRIVATE 7
PROPERTY. 8
The General Assembly of North Carolina enacts: 9
SECTION 1. G.S. 14-196.3(b)(5)k. is repealed. 10
SECTION 2.(a) G.S. 113-136 reads as rewritten: 11
"§ 113-136. Enforcement authority of inspectors and protectors; refusal to obey or allow 12
inspection by inspectors and protectors. 13
… 14
(c) The jurisdiction of protectors extends to all matters within the juris diction of the 15
Wildlife Resources Commission, whether set out in this Chapter, Chapter 75A, Chapter 143, 16
Chapter 143B, or elsewhere. The Wildlife Resources Commission is specifically granted 17
jurisdiction over all aspects of: 18
(1) Boating and water safety; 19
(2) Hunting and trapping; 20
(3) Fishing, exclusive of fishing under the jurisdiction of the Marine Fisheries 21
Commission; and 22
(4) Activities in woodlands and on inland waters governed by G.S. 106-908 to 23
G.S. 106-910. 24
In addition, protectors have jurisdiction o ver all offenses involving property of or leased by the 25
Wildlife Resources Commission or occurring on wildlife refuges, game lands, or boating and 26
fishing access areas managed by the Wildlife Resources Commission. The authority of protectors 27
over offenses on public hunting grounds is governed by the jurisdiction granted the Commission 28
in G.S. 113-264(c). 29
… 30
(l) Nothing in this section authorizes searches within the curtilage of a dwelling or of the 31
living quarters of a vessel without a search warrant or other judicial order authorizing the search 32
or in contravention of constitutional prohibitions against unreasonable searches and seizures." 33
SECTION 2.(b) G.S. 113-302.1 reads as rewritten: 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 450-First Edition
"§ 113-302.1. Inspection of licensed or commercial premises; authority to secure inspection 1
warrants. 2
(a) Protectors are authorized to enter and make a reasonable inspection at an appropriate 3
time of day of any premises in which a person subject to administrative control under 4
G.S. 113-276.2 conducts his operations to deter mine whether any wildlife on the premises is 5
possessed in accordance with applicable laws and rules, required records are being kept, and 6
other legal requirements are being observed. It is an appropriate time of day for inspection if the 7
establishment is open for business or if a proprietor or employee is on the premises. 8
(b) In cases not controlled by subsection (a), protectors who believe that wildlife may be 9
on the premises of any public refrigeration storage plant, meat shop, store, produce market, hotel, 10
restaurant, or other public food -storage or eating place may request permission to enter the 11
nonpublic areas of the premises to make a reasonable inspection to determine whether any 12
wildlife on the premises is possessed in accordance with applicable laws and rules. If the person 13
in charge of the premises refuses the inspection request of a protector, he the protector is 14
authorized to procure and execute an administrative search warrant issued under the terms of 15
Article 4A of Chapter 15 of the General Statutes or under any successor legislation. 16
(c) In cases controlled by subsection (a), an administrative search warrant may be secured 17
in the protector's discretion or if case law requires it. issued under the terms of Article 4A of 18
Chapter 15 of the General Statutes shall be secured. Nothing in this section is intended to prevent 19
a lawful search of premises, with or without a search warrant under Chapter 15A of the General 20
Statutes, when the circumstances so justify." 21
SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 22
committed on or after that date. 23