Bill Detail: HB23-1066

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Title Public Access Landlocked Publicly Owned Land
Status Senate Committee on Appropriations Postpone Indefinitely (05/07/2023)
Bill Subjects
  • Courts & Judicial
  • Natural Resources & Environment
House Sponsors E. Velasco (D)
B. Bradley (R)
Senate Sponsors K. Priola (D)
House Committee Agriculture, Water and Natural Resources
Senate Committee Appropriations
Date Introduced 01/19/2023

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
  • 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;
  • 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.

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