Otero Residents Forum: NM Private Land - Written Permission Issue

Fw: NM Private Land - Written Permission Issue‏

From:

R L & Patty Posey

----- Original Message -----

Subject: NM Private Land - Written Permission Issue

The rule Game and Fish want to establish. They are getting a lot of pressure from one certain hunting group that really does not represent most sportsmen interest, but they show up to meetings. If you can’t make it to the meeting please send in comments or Call R.J. at the number given. Please see the attached form for the new rule and address to submit comments to.

Please see below NM Statue. I have posted this so you can determine for yourselves what Posting you need to comply with NM Statue and also note criminal trespass, especially 34-14-1 (E), the game commission has not been following this, They have been giving less than 3 years, if you notice the law it says, no less than 3 years. Might want to address these in your comments.

From: Kirkpatrick, R J., DGF [mailto:r.kirkpatrick@state.nm.us]
Sent: Wednesday, December 31, 2008 8:59 AM

Subject: Private Land - Written Permission Issue

As all are aware, the Department has been directed to work with interested parties to develop draft language that will establish the licensing requirements and restrictions for hunting on private lands as well as the penalties, including the seizure of unlawfully taken animals, if these requirements are not met.

Attached you will find a document that gives a brief summary of the issue, draft language developed by the Department for all to consider, and information about a “discussion forum” to be held by the State Game Commission where individuals can voice there ideas and concerns.

Please take a look at this and plan to attend the meeting or get your ideas and concerns back to us.

This information is also posted on our web-site, so if you know of other folks who would like to see it you may direct them there.

Thank you for your interest and willingness to help resolve this issue and feel free to call me @ 505-660-6187 if you have any questions prior to the meeting.

	http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-hit-h.htm&2.0

		30-14-6. No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands.



		A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land.



		B. The notices posted shall prohibit all persons from trespassing or entering upon the property, without permission of the owner, lessee, person in lawful possession or his agent. The notices shall:



		(1) be printed legibly in English;



		(2) be at least one hundred forty-four square inches in size;



		(3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;



		(4) be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries; and



		30-14-1. Criminal trespass.



		A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land. The provisions of this subsection do not apply if:



		(1) the owner or person in control of the land has entered into an agreement with the department of game and fish granting access to the land to the general public for the purpose of taking any game animals, birds or fish by hunting or fishing; or



		(2) a person is in possession of a landowner license given to him by the owner or person in control of the land that grants access to that particular private land for the purpose of taking any game animals, birds or fish by hunting or fishing.



		B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant thereof. Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts, by the posting of the property at all vehicular access entry ways.



		C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian thereof.



		D. Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor, and he shall be liable to the owner, lessee or person in lawful possession for civil damages in an amount equal to double the value of the damage to the property injured or destroyed.



		E. Whoever commits criminal trespass is guilty of a misdemeanor. Additionally, any person who violates the provisions of Subsection A, B or C of this section, when in connection with hunting, fishing or trapping activity, shall have his hunting or fishing license revoked by the state game commission for a period of not less than three years, pursuant to the provisions of Section 17-3-34 NMSA 1978.



		F. Whoever knowingly removes, tampers with or destroys any "no trespass" sign is guilty of a petty misdemeanor; except when the damage to the sign amounts to more than one thousand dollars ($1,000), he or she is guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a definite term less than one year or a fine not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.