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:
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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;
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The individual moves over private land only as much as necessary to cross from one parcel of public land to the other;
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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
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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;
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Entering public land to use it in a way that violates the law;
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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.
