State representative-elect Betty Olson of Rapid City has announced her intent to propose a bill requiring permission for game wardens to walk on to private property. As the law stands now, wardens of the Game, Fish, and Parks have the right to enter anyone's land and check for illegal activity (i.e., poaching) without the consent of the land owner. Rapid City Journal excerpt:
A newly elected lawmaker said she will offer a bill in the 2007 South Dakota Legislature that would require game wardens to ask for permission before going on private land. Rep.-elect Betty Olson, R-Prairie City, said officers could still enter private property if they have a reasonable suspicion of wrongdoing or get a tip about it.
But she says game wardens should not be allowed to simply drive onto someone’s land to look for hunters who may or may not be doing something illegal.
The right of game wardens to go onto private land comes from a policy called the open-fields doctrine. Legislators have tried to repeal it twice in recent years.
“I’m hoping that ... both houses will decide that Game, Fish & Parks (should) show the common courtesy of asking before they trespass,” Olson said.
Gov. Mike Rounds and administrators with GF&P strongly opposed limiting access to private property for law officers, which probably played a large role in the bill’s past failures, according to state House Majority Leader Larry Rhoden.
I believe in protecting private property and privacy, but the wardens have a job to do. I have a feeling that Rep. Olson's bill won't gain any traction in the legislature.
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