Tougher trespassing law praised by rural leaders

Date of release: 4/28/2008

Oklahoma’s trespassing law became a notch stronger when Governor Brad Henry signed into law two bills in late April increasing the penalty for trespassing. The trespassing bills were among several receiving the governor’s signature recently that are supported by the state’s farmers and ranchers.

The first bill signed April 22, SB 1735, increases the fine for a second trespassing conviction from its current $250 to $1,000 plus makes the trespasser responsible for any property damage. This bill will be enforced under the wildlife code section of the law. A companion bill, SB 2111, signed April 25, expanded the coverage to the criminal code section of the law.

“Improving the trespassing law to protect private property has long been a priority of Oklahoma Farm Bureau,” Mike Spradling, Oklahoma Farm Bureau president, said. “This should make any would-be trespassers think twice before stepping over the fence.”

Two separate trespassing bills were required to address penalties under the criminal code and wildlife code.

“Not all trespassers are hunting and fishing,” Spradling said. “Some trespassers are just out on private property with their four-wheeler, damaging a crop or a fence.”

The farm leader said improving the trespass law received bi-partisan support.

“We had lawmakers on both sides of the aisle voting for these bills,” Spradling said.

The law becomes effective Nov. 1.

Also becoming law Nov. 1 is HB 2639, legislation that allows persons to transfer title of real estate upon their death to their heirs, thus avoiding probate costs.

On April 18 the governor signed HB 3303 grand-fathering into law underground fuel storage tanks that are used for above-ground storage. Many rural fuel retailers use this system.

“This will allow rural school districts to fuel their buses at the local co-op or other retailer without driving long distances to another retailer,” Spradling said.

These successes follow earlier victories for rural interests including squashing an attempt to remove the sales tax exemption for products used in the production of food and fiber.

“So far, this has been a good legislative session for us,” Spradling noted.