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HB 1867

TO ESTABLISH THE NO GOVERNMENT TRESPASSING ACT; AND TO PROHIBIT GAME WARDEN TRESPASS ONTO PRIVATE LAND.

2025 Regular Session Introduced by Brit McKenzie

HB 1867 aimed to protect private property rights by prohibiting game wardens from entering land without permission, ensuring stronger limits on government intrusion.

WITHDRAWN BY AUTHOR
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WeVote Research Nonpartisan
Bill Summary · HB 1867

Summary of House Bill 1867: No Government Trespassing Act

Bill Number: HB 1867
Introduced: March 20, 2025
Status: Withdrawn by Author
Sponsor: Representative B. McKenzie

Purpose and Intent

House Bill 1867, titled the No Government Trespassing Act, aimed to establish regulations regarding the entry of game wardens onto private land in Arkansas. The primary intent of the bill was to protect property rights by prohibiting game wardens from entering private property without proper authorization, thereby reinforcing the principle of private land ownership.

Key Provisions

The bill proposed several significant changes to existing law, including:

  1. Prohibition of Entry:

    • Game wardens would be prohibited from entering private land unless they had:
      • A warrant, or
      • Explicit or implied permission from the landowner or lessee.

  2. Exceptions for Emergency Situations:

    • Game wardens could enter private land without permission only under specific circumstances, including:
      • Responding to injured or distressed wildlife.
      • Addressing emergency situations.
      • Investigating accidents.
      • Responding to imminent threats to public safety.

  3. Legal Consequences:

    • Any evidence obtained through a search or seizure that violated this act would be inadmissible in court.
    • Arrests or property seizures conducted in violation of the act would be deemed invalid.
    • Game wardens would not be immune from lawsuits for violations of this act.

  4. Civil Relief:

    • Individuals harmed by violations could seek various forms of relief under the Arkansas Civil Rights Act, including:
      • Declaratory and injunctive relief.
      • Compensatory and nominal damages.
      • Reasonable attorney’s fees.

Impact

If enacted, HB 1867 would have had a significant impact on the operations of game wardens in Arkansas, particularly in how they interact with private landowners. The bill aimed to enhance the protection of private property rights and limit government intrusion, potentially affecting wildlife management practices and law enforcement procedures related to game and fish regulations.

Legislative Timeline

  • March 20, 2025: Bill filed and read for the first time; rules suspended for a second reading and referred to the Committee on State Agencies & Governmental Affairs.
  • April 3, 2025: Bill withdrawn by the author.

Conclusion

While HB 1867 was ultimately withdrawn and did not progress through the legislative process, it highlighted ongoing discussions regarding property rights and the balance between government authority and individual freedoms in Arkansas. The proposed legislation aimed to clarify the conditions under which government officials could access private property, reflecting a growing concern among citizens about government overreach.

Compiled from official sources — confirm details with the bill’s official record.

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