HB1867
To Establish The No Government Trespassing Act; And To Prohibit Game Warden Trespass Onto Private Land.
Last Action (March 20, 2025): WITHDRAWN BY AUTHOR
Sponsors
AI-Generated Summary
House Bill 1867, titled the 'No Government Trespassing Act,' seeks to restrict the ability of game wardens to enter private property in Arkansas. Under the bill, game wardens would be prohibited from entering private land unless they possess a valid warrant or have obtained explicit or implied permission from the owner or lessee. Exceptions are provided for situations involving injured wildlife, emergency situations, accidents, or imminent threats to public safety requiring immediate intervention. The legislation renders any evidence obtained in violation of these rules inadmissible in judicial or administrative proceedings and invalidates any resulting arrests or seizures. Furthermore, the bill removes immunity for game wardens in these instances and allows property owners to pursue civil legal action under the Arkansas Civil Rights Act for damages, injunctive relief, and attorney’s fees.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill are private landowners and lessees of private property in Arkansas, who would gain increased protection against unannounced or warrantless entries by state wildlife officials. Additionally, property owners would benefit from the enhanced legal recourse available to them, including the ability to sue for damages and attorney's fees should they believe their rights have been violated.
Who Might Suffer?
The primary group negatively impacted would be state game wardens and wildlife management agencies, whose ability to enforce wildlife laws, investigate potential poaching, and monitor natural resources would be restricted by the requirement for warrants or owner permission. The public could also be negatively impacted if these restrictions result in a reduced capacity for law enforcement to identify, track, or respond to environmental crimes, illegal hunting activities, or habitat destruction occurring on private land.
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