Adjacent land resource data trespass-repeal.

Plain English Breakdown

Checked against official source text during the last sync.

Repealing Trespass Laws for Resource Data Collection

This law removes civil and criminal penalties for trespassing to collect resource data on adjacent land.

What This Bill Does

• Removes the crime of trespassing to access adjacent or nearby land for collecting resource data.
• Eliminates the ability of land owners or lessees to sue someone who collects resource data by trespassing.
• Updates related laws to remove references to these now-repealed penalties.

Who It Names or Affects

• People who collect resource data on adjacent lands
• Landowners and lessees whose property is used for collecting resource data

Terms To Know

Resource Data Collection

Gathering information about natural resources like water, soil, or wildlife.

Trespassing

Entering someone else's property without permission.

Limits and Unknowns

• The law does not specify what types of resource data are covered.
• It is unclear how this change will affect existing legal cases involving trespass for resource data collection.

Official Summary Text

Bill Summary - 23LSO-0109
Bill No.:

SF0031

Effective:

7/1/2023

LSO No.:

23LSO-0109

Enrolled Act No.:

SEA No. 0028

Chapter No.:

52

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

Adjacent land resource data trespass-repeal.

Subject:

Trespassing through adjacent land to collect resource data.

Summary/Major Elements:

This bill repeals a civil and criminal prohibition on trespassing across adjacent land to collect resource data. These prohibitions had been previously found unconstitutional in federal court.

(See
Western Watersheds Project v. Michael
, 869 F.3d 1189 (10th Cir. 2017);
Western Watersheds Project v. Michael
, 353 F.Supp.3d 1176 (D. Wyo. 2018)).

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

23LSO-0109

ORIGINAL Senate

File No
.
SF0031

ENROLLED ACT NO. 28,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to crimes and offenses; repealing a civil cause of action for and the crime of trespass to access adjacent or proximate land for resource data collection purposes; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
3
‑
414(d)(intro) and 40
‑
27
‑
101(d) are amended to read:

6
‑
3
‑
414.

Trespassing to unlawfully collect resource data; unlawful collection of resource data.

(d)

Crimes committed under subsection (a)
,

or
(b)
or (c)
of this section are punishable as follows:

40
‑
27
‑
101.

Trespass to unlawfully collect resource data; unlawful collection of resource data.

(d)

A person who trespasses to unlawfully collect resource data
,

or
a person who unlawfully collects resource data
or a person who trespasses to access adjacent or proximate land
under this section shall be liable in a civil action by the owner or lessee of the land for all consequential and economic damages proximately caused by the trespass.

In a civil action brought under this section, in addition to damages, a successful claimant shall be awarded litigation costs.

For purposes of this subsection, "litigation costs" shall include, but
is
are
not limited to, court costs, expert witness fees, other witness fees, costs associated with depositions and discovery, reasonable attorney fees and the reasonably necessary costs of identifying the trespasser, of obtaining effective service of process on the trespasser and of successfully effecting the collection of any judgment against the trespasser.

Section 2.

W.S. 6
‑
3
‑
414(c) and 40
‑
27
‑
101(c) are repealed.

Section 3
.

This act is effective July 1, 2023
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1