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House kills trespassing restitution bill

Kealey Bultena
/
SDPB

A bill aimed at providing restitution to landowners for damages incurred by trespassing hunters died in the House.

The bill proposed a $150 fine for unauthorized entry on private land and a $500 fine for willful trespassing.

Rep. Neal Pinnow introduced the bill. He offered the House floor an example of how the bill would affect unknowing trespassers.

"We believe you this time I guess you really didn’t know you were trespassing, but we believe you had some intent, and maybe unknowingly did it so you can get charged with a $150 fine,” Pinnow said.

Rep. Marty Overweg opposed the bill. He said the source of the bill is from private hunting interest groups.

“I always worry about this bill are they slowly trying to attack what we have special here in South Dakota and that is Pheasant hunting. By commercializing everything. So that’s what I guard about and that’s why I voted no," said Overweg.

The House voted down the bill in a 39 to 29 vote.

With the defeat of the bill, landowners will not receive restitution but are still protected by state land right laws.

State law currently protects landowners from criminal trespass by applying a Class 1 misdemeanor charge to trespassers found guilty.

Evan Walton is an SDPB reporter based in Sioux Falls. Evan holds a Master’s in English Literature from Southern New Hampshire University and was honorably discharged from the United States Army in 2015, where he served for five years as an infantryman.
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