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South Dakota lawmakers advance bill cracking down on trespassers

SDPB
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SDPB

The House Agricultural and Natural Resources committee passed a bill strengthening landowners’ rights against trespassers.

House Bill 1186 aims to provide restitution for landowners for any damage incurred by trespassing hunters.

Paul Lepisto represents the South Dakota division of the Izaak Walton League of America. He said technology leaves no excuse for trespassers.

“All the apps that are available for everybody to have on their phone to say you don’t know where your at is not a valid excuse anymore. So we think this is good legislation that will do good things for landowners and sportsman’s relations,” Lepisto said.

Rep. Randy Gross opposes the bill. He said the bill changes presumption of innocence.

“I certainly understand the concern and the issue and would like to remedy it here. But I have real difficulty what I view flipping a law tenant of innocent until proven guilty on its head and basically saying unintentional or unknowing trespass you are assumed guilty until proven innocent and as a result I will have difficulty supporting the bill,” Gross said.

The bill passed the committee Tuesday on an eight to five vote.

It now heads to the Senate for consideration.

Evan Walton is an SDPB reporter based in Sioux Falls. Evan holds a Master’s in English Literature from Southern New Hampshire University and was honorably discharged from the United States Army in 2015, where he served for five years as an infantryman.