New Land Bills: SB 2036, 2037 and 2038

bravo

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Guys, don’t let up. Press your reps as hard as you can. Remember, these are just everyday people who had the time to sit in session, and can now literally pass laws that benefit themselves against your interests. Case in point, Mike Brandenburg (south central ND). Last go around he was the one who tried to slam the trespass bill through in emergency provisions because “there was no working with these people” (outdoorsmen). He has a full page article in the paper today about how coal power needs to be killed and wind is the future, while trying to spin it that it’s better for farmers. He’s using his position to draft bills and lobby for wind tax credits and subsidies. The article goes on to say that there’s wind companies planning on building a project on his property. And nobody is seeing this?!

Also, the rep who said only one person contacted him to vote against last session’s bill; is a flat out liar. I emailed every single rep in the state, so there’s at least two. Hard to imagine it was just us.
 


eyexer

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When I contacted my senators is my districts - He said I was the only one who emailed who did not support the bills 2 years ago. Everyone else who contacted him, according to him, was in favor of a No Trespass Bill. That's sad....

He also stated that "sportsman groups" were all on board with a Trespass bill to go along with the Game and Fish. How can you even start to argue when groups and game and fish want all land posted up??? Sad, but what can 1 person do?

They also stated that with the "study" done in the last 2 years, progress has been made and this bill will pass now. I emailed multiple "NO" votes Reps and Sen's from 2019 - They will most likely change their votes this time. Time to fight is now, what will happen is this bill will sit until the last 2 days of session, and get pushed through because everyone wants to get the hell out of there.
That is a flat ass lie. Can’t we request a freedom of information at to obtain these legislators emails?
 

dustit

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In case anyone still cares...an update on the recent bills from The Forum.

"The committee gave unanimous do-pass recommendations to Senate Bill 2144 and Senate Bill 2036 during a hearing on Thursday, Jan. 14. Two related bills, Senate Bill 2037 and Senate Bill 2038, were given do-not-pass recommendations."

https://www.inforum.com/news/govern...-trespassing-law-align-ag-and-outdoors-groups



Bills on North Dakota trespassing law align ag and outdoors groups

North Dakota's trespassing laws and private property rights have been hot-button issues in the past, but an interim committee's work got high marks in the first committee hearing on the issue during the 2021 legislative session.

Written By: Jenny Schlecht | Jan 14th 2021 - 4pm.

BISMARCK — The North Dakota Senate Energy and Natural Resources Committee has given a thumbs up to two bills that would revise the state’s trespassing laws on private land — a long-discussed issue that appears finally to have found consensus from the state’s landowners and outdoors enthusiasts.

The committee gave unanimous do-pass recommendations to Senate Bill 2144 and Senate Bill 2036 during a hearing on Thursday, Jan. 14. Two related bills, Senate Bill 2037 and Senate Bill 2038, were given do-not-pass recommendations.
SB 2144 would allow landowners to post land for no trespassing electronically or with physical signs, update the definition of a fence, establish that all fenced land is closed to anyone but hunters and fishers regardless of posting, and allow law enforcement to issue noncriminal citations for trespassing related to hunting and fishing. SB 2036 would extend and expand an interim study of the state’s trespassing laws and land access issues and the use of a database for the purpose of posting land for no trespassing.
North Dakota remains the only state in the region on which private land is considered open unless otherwise posted with physical signs. While the current law is supported by hunting and fishing groups, agriculture groups have long called for an end to the presumption of openness. The 2016 Dakota Access Pipeline protests and related criminal cases brought forward more concerns about the state’s laws and who could enter private land.

The issue of revising North Dakota’s trespassing laws on private land was among the most divisive of the 2019 legislative session. Sen. Robert Erbele, R-Lehr, said 36 hours went into hearings and committee work on the matter during the session.
While the main bill addressing trespassing in the 2019 session failed, the budget bill for the Information Technology department contained an item calling for a study of land access and the potential use of a database for electronic posting.
Erbele said that study represented a breakthrough of sorts in the issue. In addition to legislators and four citizen members with voting rights on the committee, the study included advisors from the state Department of Agriculture, state Department of Game and Fish, North Dakota Association of Counties, state Information Technology Department and the North Dakota State’s Attorney’s Association. Having all parties at the table helped them find common ground.

“I think we built a bridge, and communication and relationships are the key to that,” Erbele said.
As part of the study, Game and Fish built a web-based database to test in three counties: Richland, Ramsey and Slope. Erbele said the site was used during the 2020 hunting season, not to see how many people would use it but to see how it worked.
Brian Hosek, with administrative services at Game and Fish, said landowners in those counties were able to electronically “post” their land for no hunting on the site, and hunters were able to search for information about land to hunt. The system went live in May, and 79 landowners signed up to use it for 260 tracts of land representing 38,000 acres. The system also saw heavy use from hunters in the three counties, with thousands of views on different mapping systems and applications.
Hosek walked the committee through the system and its capabilities, explaining how quickly land can be posted by landowners and different mechanisms hunters can use to find open land or information to contact landowners. Some hunter-focused options can be downloaded or printed in case of poor cell service.

Under the study, there was a deadline of July 15 for landowners to electronically post their land to enable time for compilation of maps. The bills do not give a deadline for posting.
No one spoke in opposition to the bills. Rep. Gretchen Dobervich, D-Fargo, who served on the interim committee, said her father, in Slope County, used the system to post his land and found it easy to use, though he did identify some glitches.
Representatives from outdoors groups and agriculture and landowner groups said the interim committee’s efforts and the bills presented were important steps in the right direction.
“Our members want better hunter landowner relations and we believe e-posting, along with the continuation of physical signs, are good steps to achieving that goal,” he said.

Julie Ellingson, executive vice president of the North Dakota Stockmen’s Association, said her membership still believes that removing the presumption of openness from the trespassing laws would represent the simplest solution. However, she said the efforts were an important step toward greater property rights for landowners, which was a founding issue for her group.

The two bills given do-not-pass recommendations contained similar provisions to the passed bills, but Erbele explained that SB 2144 was a collaboration completed by citizen members of the interim committee and was more complete than SB 2037 or SB 2038. SB 2037 would have allowed landowners not to list their names on no-trespassing signs, an idea that was opposed by outdoors groups.
 

NM 24

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Has anyone compiled a list of email addresses for the members of both houses?
 

zoops

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"SB 2144 would allow landowners to post land for no trespassing electronically or with physical signs, update the definition of a fence, establish that all fenced land is closed to anyone but hunters and fishers regardless of posting, and allow law enforcement to issue noncriminal citations for trespassing related to hunting and fishing."

Interesting.
 


Bacon

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Brandenburg is a Rino. And I can’t for the life of me figure out why this posting bs is being pushed so hard. I have to post land and yes, it can be a pain in the ass. But the bad actors are still gonna trespass and if you are not there 24-7 it will happen. Some farmers and ranchers are just cry babies.
 

feather_duster

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Brandenburg is a Rino. And I can’t for the life of me figure out why this posting bs is being pushed so hard. I have to post land and yes, it can be a pain in the ass. But the bad actors are still gonna trespass and if you are not there 24-7 it will happen. Some farmers and ranchers are just cry babies.

Louder for the assholes in the back!!!! ;:;bowdown
 

Maverick

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NRCED.jpg

- - - Updated - - -Agricultural Committee

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Health Services Committee.

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Agriculture Committee

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Anyone notice the same names? Even though Dobervich is representing District 11, she really represents the WEST RIVER MANTALITY!. Dobervich will not listen to to your words as she is a girl from Western ND that already has her mind made. I know many from her district (including myself) that have reached out to her only to be talked over and insulted! District 11 needs new representation outside of Mathern. He is a great guy all around! I have had many conversations with him, and I enjoy all of them. Even if we don't agree!
 
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eyexer

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Boat noise must be an issue on small lakes. I’ve never even thought about loud boats on Sak
 

Traxion

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What's with the hard on for "electronic" posting? Are other states doing this? I haven't heard of it until ND started playing with it, though I have not looked into it. Though apps like OnX work well, there are still huge data gaps within the GIS data sets. Some counties in SD still don't use it, so you get crap data. I can't believe that ND has all counties using a solid GIS program, let alone property boundaries that are accurate enough for a statewide system. That to me is the biggest mountain that has to be climbed to even THINK it could work. Then add in the technology side of things, that old guy who has a flip phone still, and what then? It just seems questionable to say the least.
 

Bacon

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I’m thinking these legislators have too much time on their hands to come up with useless laws like these. Everyone should love the sound of an optimax at full tilt early in the morning.
 

eyexer

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Just think about who makes up the legislature. It’s people that have far too much free time unfortunately.
 

ndlongshot

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Dobervich was a total B to me during the last session when I emailed about this. Condescending. She couldnt fathom that someone disagreed with her "expertise" on hunting and fishing heritage.

She looks like one to lecture me....*eye roll*
 


bravo

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Dobervich was a total B to me during the last session when I emailed about this. Condescending. She couldnt fathom that someone disagreed with her "expertise" on hunting and fishing heritage.

She looks like one to lecture me....*eye roll*

Same. Her and Schreiber-Beck ("illegitimate hunters") both gave me a lot of bad attitude last year when I pressed them on going against their constituents' wishes for their own personal feelings. Both told me that I don't have a say in the matter since I'm not a landowner. I let them know that I do indeed own property. One then let me know that it "must be nice" to not have any problems with trespassers and poachers but she wasn't changing her mind. The other gave me the same tired scenario of people gathering and having a picnic in someone's yard in town since its not posted. And these are our bright, professional elected officials.
 

Bacon

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Here is my prospective as a landowner. If you don’t want people to trespass, you are going to have to get off your ass and keep an eye on things. To tell the truth, the only time I have issues is during deer hunting. Peoples Brains seem to turn off during that time of year. Most are real good about it and ask. I like to hunt to and I have family that likes to hunt. Sorry but they take priority. I let people on but if you get too liberal guess what, the deer especially will get pushed off my land. That’s my take. If your not a dick neither am I. These new laws won’t mean shit if you don’t get out there. It’s already illegal to hunt and trespass without permission.
 

Allen

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Boat noise must be an issue on small lakes. I’ve never even thought about loud boats on Sak

It is in response to some dumbass who built a house RIGHT NEXT TO the Hazelton boat ramp south of Bismarck. He even tried to get the ramp closed in between certain hours. The guy who runs the airboat is a bowfisherman chasing carp up in the shallows.
 

bravo

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Yep, a friend of Erberle and Brandenburg. AKA the two most usual suspects.
 

zoops

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Read that SB2144 passed the senate 45-2. The way I've read it is that if you are fishing or hunting and the land is not posted, it would be the same as it has always been. I suppose this could cause some issues - what if you are scouting for the upcoming hunting season, does that count? What if protestors have hunting licenses and say they are coyote hunting? It would also allow for e-posting, which I think is a waste of the state's money. Otherwise, it seems workable.
 


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