House Bill 1667

AN ACT TO AUTHORIZE "PURPLE PAINT NOTICE" AS A FORM OF PROPER NOTICE FOR DETERMINING WHETHER SOMEONE HAS VIOLATED ANY PROVISIONS OF TRESPASS UPON LANDS; TO BRING FORWARD SECTIONS 97-17-85 AND 97-17-91, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF TRESPASS AND DEFACING NOTICES, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) For purposes of determining whether notice is given for any violation of trespass under the laws of this state:

(a) Any sign or signs posted on the property, reasonably likely to come to the attention of intruders, indicating that entry is forbidden; or

(b) The placement of identifying purple paint marks on trees or posts on the property shall be considered notice, if the marks satisfy all of the following:

(i) Are vertical lines of not less than eight inches in length and not less than one inch in width.

(ii) Are placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground.

(iii) Are placed at locations that are readily visible to any person approaching the property and are no more than 100 feet apart on forest land or 1,000 feet apart on land other than forest land.

(2) Purple Paint Notice for purposes of this act shall be construed as properly given:

(a) by posting a notice in four (4) conspicuous places on the borders of such land prohibiting entry thereon; or

(b) by marking boundaries with a clearly visible purple-painted marking, consisting of one (1) vertical line not less than eight (8) inches in length and two (2) inches in width, and the bottom of the mark not less than three (3) nor more than six (6) feet from the ground or normal water surface. These marks must be affixed to immovable, permanent objects that are not more than one hundred (100) yards apart and readily visible to any person approaching the property.

(3) When any owner or tenant of any lands shall post a notice as provided in this section, a proof of the posting is deemed and taken as notice conclusive against the person making entry for the purpose of trespassing.

SECTION 2. Section 97-17-85, Mississippi Code of 1972, is brought forward as follows:

97-17-85. Except as otherwise provided in Section 73-13-103, if any person shall go upon the enclosed land of another without his consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or shall remain on such land after a request by such person or his agent to depart, he shall, upon conviction, be fined not more than Fifty Dollars ($50.00) for such offense. The provisions of this section shall apply to land not enclosed where the stock law is in force.

SECTION 3. Section 97-17-91, Mississippi Code of 1972, is brought forward as follows:

97-17-91. Any person who shall deface, remove, alter or destroy any notice placed upon any lands by the owner thereof or his agent posting or otherwise prohibiting the entrance upon any lands in this state shall, upon conviction, be fined not more than Fifty Dollars ($50.00) for each such notice defaced, removed, altered or destroyed.

SECTION 4. This act shall take effect and be in force from and after July 1, 2024.