Corner crossings at intersecting public and private lands.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0089

HOUSE BILL
NO.
HB0171

Corner crossings at intersecting public and private lands.

Sponsored by:
Representative(s) Harshman, Gay and McOmie and Senator(s) Burns

A BILL

for

AN ACT relating to
public
land
s; specifying conditions under which
crossing from
one parcel of public land
to
another parcel
of public land does not constitute trespass
; subjecting ownership of
airspace above lands and waters to such crossings;
providing that the
crossing
does not violate other specified Wyoming statutes
; making conforming amendments;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S.
36
‑
1
‑
122 is created to read:

36
‑
1
‑
122.

Lawful
entry
from and to public lands.

(a)

The act of a
person enter
ing
public land
from another parcel of public land
shall not
constitute trespass for any purpose of
Wyoming
law if
:

(i)

The person's presence upon both parcels of public land is otherwise lawful; and

(ii)

T
he person does not
touch the surface of private property, including any
lawful
improvement upon the private property
.

(b)

For purposes of this section "public land" means any land under the jurisdiction of
a federal government agency, the state
board of land commissioner
s, other state government entity
or any political subdivision of the state
,
which the public is authorized to use without obtaining legal permission from a private landowner
or the government entity having jurisdiction
.

Section 2.
W.S. 6
‑
3
‑
303(c)
, 10
‑
4
‑
302 and
2
3
‑
3
‑
305(b)
are amended to read:

6
‑
3
‑
303.

Criminal trespass; penalties.

(c)

This section does not supersede W.S. 1
‑
21
‑
1003.
A person acting in accordance with W.S. 36
‑
1
‑
122 is not guilty of trespass under this section.

10
‑
4
‑
302.

Ownership of space.

The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath subject to the right of flight described in W.S. 10
‑
4
‑
303
, and the right of entry to and from public lands as provided in W.S. 36
‑
1
‑
122
.

23
‑
3
‑
305.

Hunting from highway; entering enclosed property without permission; penalty; hunting at night without permission prohibited.

(b)

No person shall enter upon the private property of any person to hunt, fish, or trap without the permission of the owner or person in charge of the property.
A person acting in accordance with W.S. 36
‑
1
‑
122 is not in violation of this subsection.
Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23
‑
6
‑
202(a)(v).

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0171