# Trespassing Laws -Read



## huntersridge (Oct 2, 2005)

I see a lot of postings here on the trespassing issues. There are basically 3 types of trespass- "Trespass", "Recreational Trespass", and "Criminal Trespass".

1. Trespass : to enter or remain on lands of another.
2. Recreational Trespass: to carry out a recreational activity on lnads of another (hunt, fish, trap, snowmobile, etc.)
3. Criminal Trespass: trespass (including recreational) on lands of another with prior warning to stay off the property or a previous trespass withing 3 years.

I am not posting this to start a debate or a squabble. Rather than argue this point here consult an attorney or do your homework. The Michigan Legislature website has every compiled law in michigan located through the search area there along with penalties etc.

The DIFFERENCE between "Trespass" and "Recreational Trespass is CLEARLY written. If you are ticketed for "Recreational Trespass" the property DOES NOT have to fenced or posted in any way. Also with "Recreational Trespass" the landowner can be issued a minimum amount of at least $250 (or more if there is any type of property damage) if he pursues this.

*NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)​*
*Act 451 of 1994*​*
*

&#12288;
Sec. 73102.
(1) Except as provided in subsection (4), a person shall not enter or remain upon the property of another person, other than farm property or a wooded area connected to farm property, to engage in any recreational activity or trapping on that property without the consent of the owner or his or her lessee or agent, if either of the following circumstances exists:
(a) The property is fenced or enclosed and is maintained in such a manner as to exclude intruders.
(b) The property is posted in a conspicuous manner against entry. The minimum letter height on the posting signs shall be 1 inch. Each posting sign shall be not less than 50 square inches, and the signs shall be spaced to enable a person to observe not less than 1 sign at any point of entry upon the property.
*(2) Except as provided in subsection (4), a person shall not enter or remain upon farm property or a wooded area connected to farm property for any recreational activity or trapping without the consent of the owner or his or her lessee or agent, whether or not the farm property or wooded area connected to farm property is fenced, enclosed, or posted.*
(3) On fenced or posted property or farm property, a fisherman wading or floating a navigable public stream may, without written or oral consent, enter upon property within the clearly defined banks of the stream or, without damaging farm products, walk a route as closely proximate to the clearly defined bank as possible when necessary to avoid a natural or artificial hazard or obstruction, including, but not limited to, a dam, deep hole, or a fence or other exercise of ownership by the riparian owner.
(4) A person other than a person possessing a firearm may, unless previously prohibited in writing or orally by the property owner or his or her lessee or agent, enter on foot upon the property of another person for the sole purpose of retrieving a hunting dog. The person shall not remain on the property beyond the reasonable time necessary to retrieve the dog. In an action under section 73109 or 73110, the burden of showing that the property owner or his or her lessee or agent previously prohibited entry under this subsection is on the plaintiff or prosecuting attorney, respectively.
(5) Consent to enter or remain upon the property of another person pursuant to this section may be given orally or in writing. The consent may establish conditions for entering or remaining upon that property. Unless prohibited in the written consent, a written consent may be amended or revoked orally. If the owner or his or her lessee or agent requires all persons entering or remaining upon the property to have written consent, the presence of the person on the property without written consent is prima facie evidence of unlawful entry.
&#12288;
*NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)​*
*Act 451 of 1994*​*
*

*324.73110 Violation as misdemeanor; penalties.* 
Sec. 73110.
(1) Except as provided in subsection (2), a person who violates this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both.
(2) A person convicted of a second or subsequent violation of this part occurring within 3 years of a previous violation of this part shall be punished by imprisonment for not more than 90 days or a fine of not less than $250.00 or more than $1,000.00, or both. In addition, the court shall order the person's license revoked if the person is licensed to hunt, fish, or trap in this state, and shall order the person not to seek or possess a license for the remainder of the calendar year in which the person is convicted and during at least 1 succeeding calendar year. This subsection does not apply after September 30, 2001.
(3) This subsection applies beginning October 1, 2001. A person convicted of a second or subsequent violation of this part occurring within 3 years of a previous violation of this part shall be punished by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both. In addition, the court may order the person's license revoked if the person is licensed to hunt, fish, or trap in this state, and may order the person not to seek or possess a license for not more than 3 succeeding calendar years.
(4) The court may order a person convicted of violating this part to pay the costs of prosecution.
(5) The following may be seized and forfeited in the same manner as provided in chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709:
(a) A protected animal, a fur-bearing animal, game, or fish taken while committing any violation of this part.
(b) Property in the possession of the defendant while committing a second or subsequent violation of this part occurring within 3 years of a previous violation of this part. This subdivision does not apply to either of the following:
(i) Electronic hunting-dog-retrieval equipment.
(ii) A living or dead animal of any kind not described in subdivision (a).
(6) The court shall order a person convicted of violating this part to make restitution for any damage arising out of the violation, including, but not limited to, reimbursing this state for the value of any protected animal, fur-bearing animal, game, or fish taken while violating this part as provided in section 40119. However, the value of fish shall be determined as provided in section 48740.
*NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)​*
*Act 451 of 1994*​*
*

*324.73109 Violation of part; cause of action by property owner.* 
Sec. 73109.
The owner of property on which a violation of this part is committed, or his or her lessee, may bring a cause of action against a person who violates this part for $250.00 or actual property damages, whichever is greater, and actual and reasonable attorney fees.


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## Paul Thompson (Jul 16, 2007)

So how much was your ticket?


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## lang49 (Aug 1, 2005)

huntersridge said:


> The DIFFERENCE between "Trespass" and "Recreational Trespass is CLEARLY written. If you are ticketed for "Recreational Trespass" the property DOES NOT have to fenced or posted in any way. Also with "Recreational Trespass" the landowner can be issued a minimum amount of at least $250 (or more if there is any type of property damage) if he pursues this.


You are mistaken.

I'm use plat maps and GPS and make every effort to stay off of land that I don't have permission to be on.

The law you just quoted indicates that *Farm land* doesn't need to be posted for the owner to pursue changes against a trespasser. The same law (sections a and b) makes it clear that owners of other lands need to clearly indicate in some way (fence, sign, etc) where the boundary of their property is.

Again, I make every effort to stay off of land that I have no business being on. But, if you're the owner of a 40 acre parcel in the middle of 600 acres of public land, the law indicates that you need to post your boundaries (unless you're operating some sort of farm).


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## Paul Thompson (Jul 16, 2007)

Some need to know,, that shooting across boundary lines is trespassing also. No boots also means no bullets.


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