Enforcing new trespassing law may be difficult for local law enforcement
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DEHLIN — Anyone who has ever been in the backcountry knows there are fences everywhere. Amendments to Idaho’s trespassing laws now make it harder to tell if it’s private property on the other side of those fences, and crossing one could land you in court or jail.
Bonneville County Sheriff Paul Wilde and a group of local ranchers and farmers gathered at the Winther Ranch in Dehlin Thursday and discussed the implications of changes to the law.
The amendment, which goes into effect July 1, removes language from Idaho Code that required “No Trespassing” signs or fence posts painted bright orange every 660 feet. Signage is now only required at fence corners, gates, streams and roads entering the private property.
“To be honest with you, you guys got some land our here,” Wilde said to the ranchers and farmers. “I can’t see that corner post down there. I don’t know where the corner of your property is.”
He said he and other county sheriffs are concerned because they are the ones who are going to have to enforce the law.
“It’s going to be very hard to enforce if we can’t prove intent on the person that’s trespassing,” Wilde said. “If we can prove that they’re being malicious, that they’re doing it on purpose, then we can do something about it. If the guy just happens on (private property), then let’s work together.”
Wilde told EastIdahoNews.com one of his biggest concerns is that property owners may take advantage of the change and file a civil lawsuit against anyone who happens to come on to their land regardless of intent.
The amendment allows for property owners to file a $500 civil penalty against anyone found on their land without permission.
“It’s not our job to come and do that investigation so that (property owners) have the information to file civilly on this guy,” Wilde said. “It’s our job to come and determine if there was a crime committed or not.”
Mathew Elliot, one of the people in attendance, said someone jackknifed their truck then came onto his property and tried to steal a tractor to pull the truck out.
“They have a right to ask for assistance,” Wilde said. “But when they take your tractor and bust the crap up and then just leave everything just sitting there – that’s a whole different ballgame that we take care of.”
Another aspect of Idaho’s trespassing law is the penalties.
The first time someone is cited for trespassing, it’s a $500 fine. The second time is a $1,500 fine and the third citation is a $3,000 fine.
Wilde said he hopes the fines will be enough of a deterrent to keep people from intentionally entering private property.
Acording to Idaho Code 6-3101, trespassers can not just be shot. “A possessor of any interest in real property … owes no duty of care to a trespasser, except to refrain from intentional or willful and wanton acts that cause injury to the trespasser.”