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2011 SESSION

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HB 1461 No trespassing signs; authority for posting on property.

Introduced by: M. Kirkland Cox | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Authority for posting a property "no trespassing." Gives an agent of the owner, lessee, custodian, or other person lawfully in charge of a property the same authority to prohibit trespassing as the owner, lessee, custodian, or other person lawfully in charge.

SUMMARY AS PASSED HOUSE:

Authority for posting a property "no trespassing." Provides that, for purposes of proof that business or commercial property is lawfully posted "no trespassing," the trier of fact may infer that signs prohibiting entry upon land or other property are authorized and were posted by or at the direction of (i) the owner, lessee, custodian, agent, property manager or other person lawfully in charge thereof or (ii) by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such land or property. The bill also adds "agent" of any such person to the list of those persons authorized to post the signs.

SUMMARY AS INTRODUCED:

Authority for posting a property "no trespassing." Provides that, for purposes of proof that a property is lawfully posted "no trespassing," the presence of a sign or signs prohibiting entry upon land or other property is prima facie evidence that the sign or signs are authorized and were posted by (i) the owner, lessee, custodian, agent, property manager or other person lawfully in charge thereof or (ii) by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such land or property. The bill also adds "agent" and "property manager" to the list of those persons authorized to post the signs.