FISH AND GAME
RECREATIONAL TRESPASS -- LANDHOLDER LIABILITY LIMITED
36-1603. Trespassing on cultivated lands or in violation of warning signs -- Posting of public lands. (a) No person shall enter the real property of another and shoot any weapon or enter such property for the purposes of hunting, retrieving wildlife, fishing or trapping, without the permission of the owner or person in charge of the property, which property is either cultivated or posted with legible "No Trespassing" signs, is posted with a minimum of one hundred (100) square inches of fluorescent orange paint except that when metal fence posts are used, the entire post must be painted fluorescent orange, or other notices of like meaning, placed in a conspicuous manner on or near all boundaries at intervals of not less than one (1) sign, paint area or notice per six hundred sixty (660) feet provided that where the geographical configuration of the real property is such that entry can reasonably be made only at certain points of access, such property is posted sufficiently for all purposes of this subsection if said signs, paint areas or notices are posted at such points of access. For the purposes of this section, "cultivated" shall mean soil that is being or has been prepared by loosening or breaking up for the raising of crops, or used for the raising of crops, or artificially irrigated pasturage. No person shall fail to depart immediately from the real property of another after being notified in writing or orally by the owner of the real property or the owner's authorized agent.
(b) No person shall post, sign, or indicate that any public lands within this state, not held under an exclusive control lease, are privately owned lands.
[36-1603, added 1976, ch. 95, sec. 2, p. 367; am. 1987, ch. 116, sec. 2, p. 230; am. 1992, ch. 283, sec. 2, p. 875; am. 1998, ch. 251, sec. 2, p. 821; am. 2005, ch. 112, sec. 1, p. 363.]
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