With appropriate amendments SF0006 could defend PRIVATE PROPERTY RIGHTS.
The bill is a trespasser bill intended to provide “immediate removal” of “unauthorized person(s)” from a “residential dwelling”. The bill has absolutely nothing to do with tenants and landlords.
Article 1, Section 36 of the Wyoming State Constitution recognizes “The enumeration in this constitution, of certain rights shall not be construed to deny, impair, or disparage others retained by the people.”
Article 1, Section 32 (Eminent domain), Article 1, Section 33 (Compensation for property taken), and Article 1, Section 39 (Opportunity to hunt, fish and trap… does not create a right to trespass on private property) of the Wyoming State Constitution recognizes private property rights.
Bill Issues:
| 1) The bill does not identify nor define “trespasser“. Instead, the term “unauthorized person(s)” is used – which immediately becomes problematic because the sponsors consistently become entangled in language to differentiate between “unauthorized person(s)” and others persons involved in tenant-landlord disputes. |
| 2) The bill only provides for a “residential dwelling”. It does NOT address land or out-buildings. |
Suggested Amendments/Corrections:
| 1) Define “trespasser”; remove all references to “unauthorized person(s)” (including the definition), and replace with “trespasser”; tie trespasser provisions to WY §6-3-303 (below). |
| 2) Define “premises” to include all buildings and structures at the address being trespassed. Ie: House; garages; sheds; barns; chicken coops; etc. |
| 3) Remove definition and all reference to “residential dwelling”. |
| 4) Amend bill to include all premises AND land. |
WY §6-3-303. Criminal trespass; penalties.
(a) A person is guilty of criminal trespass if he enters or remains on or in the land or premises of another person, knowing he is not authorized to do so, or after being notified to depart or to not trespass. For purposes of this section, notice is given by:
(i) Personal communication to the person by the owner or occupant, or his agent, or by a peace officer; or
(ii) Posting of signs reasonably likely to come to the attention of intruders.
(b) Criminal trespass is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(c) This section does not supersede W.S. 1-21-1003.
Because this statute identifies a person who enters or remains on or in the land or premises of another person, knowing he is not authorized to do, as guilty of criminal trespass, the term “trespasser” is already defined. Additionally 6-3-303 provides for both land or premises, as opposed to just a “residential dwelling”.
If legislators reject this logical and straight-forward approach to amending this necessary bill, citizens need to question why their representatives are afraid to defend their constituent’s private property rights.
Further discussions:
- Today, the reality of various individuals (illegal aliens; cartels; the homeless) taking over the property of private owners (indoors or outdoors) is a very real concern for citizens across the United States. While WY citizens do have §6-1-204 (Immunity from civil action for justifiable use of force; attorney fees) and §6-2-602 (Use of force in self defense; No Duty to Retreat) if they feel threatened, wouldn’t it be best for WY lawmakers to fortify our trespassing law to provide immediate law enforcement actions in trespassing cases?
- The term “squatter” has evolved over the years, which can muddy rather than clarify the issue of trespassers:
- This March 2024 article by Hemlane states, “Squatters rights in Wyoming originate from early homesteading practices in the 19th century. With vast areas of unclaimed land, some settlers would occupy and improve land without having legal title to it. They relied on the legal concept of adverse possession, believing that their effort to work and live on the land gave them certain rights.”
- According to Black’s Law dictionary the definition and citations for “Squatter” is:
In American law. One who settles on another’s land, particularly on public lands, without a title. See O’Donnell v. Mclntyre, 16 Abb. N. C. (N. Y.) 84; Park- ersburg Industrial Co. v. Schultz, 43 W. Va. 470, 27 S. E. 255. - This legal dictionary by LawDistrict states:
A squatter is an individual who occupies a property for which they have no right, legal claim, or lease agreement. In the United States, squatting is illegal, and someone engaging in this act can be evicted for trespassing.One of the most common examples of a squatter is someone who breaks into a vacant property and begins to live there without authorization. However, a squatter also includes a tenant or renter that stops paying rent or whose lease has ended but refuses to vacate the property.It’s important to note that if a property is not occupied or inspected for a long period of time, a squatter may obtain adverse possession of the real estate through involuntary transfer. Therefore, it’s important to be informed on squatter rights and the steps that are necessary to remove a squatter from your property.