MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Forestry

By: Senator(s) Harvey

Senate Bill 2519

(As Sent to Governor)

AN ACT TO CREATE SECTION 49-19-408, MISSISSIPPI CODE OF 1972, TO PROVIDE LIMITED IMMUNITY FROM CRIMINAL TRESPASS FOR PERSONS CONDUCTING FOREST INVENTORY ON PRIVATE LANDS FOR THE MISSISSIPPI INSTITUTE FOR FOREST INVENTORY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The following shall be codified as Section 49-19-408, Mississippi Code of 1972:

     49-19-408.  (1)  A person may enter in or upon public or private lands or waters, except buildings, while in the lawful performance of forest inventory duties for the Mississippi Institute for Forest Inventory without criminal liability for trespass.  The person shall make a good faith attempt to announce and identify himself and his intentions before entering upon private property, and an announcement of such intentions shall be published in the legal notices in a newspaper having a general circulation within the county at least twenty-one (21) days before the date specified for entry upon private property.

     (2)  This section does not relieve the person from any civil liability that otherwise is actionable at law or in equity, and does not relieve the person from criminal liability for trespass if the entry in or upon the property extends beyond the property or area that is necessary to actually perform the forest inventory duties.

     SECTION 2.  This act shall take effect and be in force from and after its passage.