Committee passes bills to strengthen trespassing laws

OKLAHOMA CITY – The Senate Public Safety Committee approved a pair of bills on Monday, further strengthening Oklahoma’s trespassing laws. Sen. Zack Taylor, R-Seminole, is the Senate author of the measures aimed to deter people from trespassing on private property.

House Bill 1135 modifies trespass without permission by removing the requirement of landowners posting signage. The bill further exempts law enforcement, emergency personnel, government employees, utility workers, and oil and gas employees.

Under HB 2055, if a landowner proves a trespass occurred, the individual is entitled to recover nominal damages, even if they have not suffered any actual loss or damage to the property. This is a small sum of money awarded to a plaintiff whose legal right has been technically violated but has not established that they are entitled to compensatory damages because there was no accompanying loss or harm done to their property. 

“Trespassing on private land for hunting, fishing, or other activities is fairly common in our state. While those who trespass wouldn’t dare go in someone’s backyard in the city, they don’t realize that they’re essentially doing the same thing when they go onto people’s private land in the country. Often trespassers tear up fences allowing livestock to escape, mistakenly shoot or scare livestock, or cause other property damages that can be extremely costly for the property owner,” Taylor said. “Property owners work hard to afford their land, animals, and other property. We need to do all we can to protect these Oklahomans’ investments and private property. Hopefully, these two bills will help people take trespassing more seriously and stop doing it.”        

HB 1135 is by Rep. Scott Fetgatter, R-Okmulgee, and HB 2055 is by Speaker Charles McCall, R-Atoka.  The bills now go before the full Senate for further consideration.