LANDOWNER PROTECTION ACT.

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View NCGA Bill Details2011-2012 Session
House Bill 762 (Public) Filed Wednesday, April 6, 2011
TO PROTECT LANDOWNER RIGHTS AND INCREASE PUBLIC SAFETY BY REQUIRING WRITTEN PERMISSION TO HUNT ON THE LAND OF ANOTHER STATEWIDE AND BY PROHIBITING HUNTING FROM THE RIGHT OF WAY STATEWIDE.
Intro. by McComas, LaRoque, Collins.

Status: Ch. SL 2011-231 (House Action) (Jun 23 2011)
H 762/S.L. 2011-231

Bill Summaries:

  • Summary date: Jun 30 2011 - View Summary

    AN ACT TO PROTECT LANDOWNER RIGHTS. Summarized in Daily Bulletin 4/7/11, 5/18/11, 5/24/11, and 6/8/11. Enacted June 23, 2011. Effective October 1, 2011.


  • Summary date: Jun 8 2011 - View Summary

    Senate committee substitute makes the following changes to 3rd edition. Amends GS 14-159.6 by adding a new subsection (c) establishing as an affirmative defense to prosecution that the person had in fact obtained prior permission of the owner, lessee, or agent as required under this statute but did not have valid written permission on his or her person at the time of citation or arrest. Deletes provision stating that a local act prevails if in conflict with GS 14-159.6(a).


  • Summary date: May 24 2011 - View Summary

    House amendment makes the following change to 2nd edition. Clarifies that in the event GS 14-159.6(a) conflicts with a local act, the local act prevails.


  • Summary date: May 18 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Deletes all provisions of the previous edition. Amends GS 14-159.6 by deleting language concerning arresting authority in Warren and Halifax counties. Further amends GS 14-159.6 to clarify that it is a Class 2 misdemeanor for any person to willfully go on the land, waters, ponds, or legally established waterfowl blind of another that is posted in accordance with GS 14-159.7 to hunt, fish, or trap without written permission (currently, without written consent). Requires written permission to be carried on one’s person, signed by the landowner, lessee, or agent, and dated within the last 12 months. Provides additional details for the written permission. Clarifies that it is a Class 1 misdemeanor to willfully go on the posted land of another to rake or remove pine needles or pine straw without written consent. Amends GS 14-159.7 by providing the owner or lessee of property an additional method of posting property by placing purple paint marks, as detailed, around the area to be posted. Amends GS 14-159.10, clarifying that Article 22A of GS Chapter 14 may be enforced by sheriffs or deputy sheriffs, law enforcement officers of the Wildlife Resources Commission, and other peace officers with general subject matter jurisdiction. Makes other conforming changes. Changes title to AN ACT TO PROTECT LANDOWNER RIGHTS.


  • Summary date: Apr 7 2011 - View Summary

    Identical to S 374, filed 3/17/11.

    Enacts new GS 113-291.12 to make it unlawful to take or attempt to take wildlife by discharging a firearm, bow and arrow, or crossbow from, on, across, or over the right-of-way of any state-maintained public road or highway, except as allowed on state game lands. Makes it unlawful to possess a loaded firearm outside a vehicle's passenger compartment on a right-of-way while taking or attempting to take wildlife, unless the individual is the owner or lessee of the land abutting the right-of-way or carries written permission by the owner or lessee, dated within the last 12 months. Makes it unlawful to take or attempt to take wildlife on another's land without carrying written permission, dated within the last 12 months. Specifies that a person has written permission if the landowner or lessee granted permission to a hunting club and the person carries a current hunting club membership card and a valid copy of written permission granted to the club. Makes a violation of the statute a Class 3 misdemeanor; however, makes a second or subsequent violation within three years a Class 2 misdemeanor with a fine of at least $250 and the loss of hunting privileges for 12 months. Makes law enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by law enforcement officers with general subject matter jurisdiction. Clarifies that, in the case of conflict, the statute prevails. Repeals various local acts or portions of local acts that conflict with the statute. Applies to offenses committed on or after October 1, 2011.