![]() Landowners can still use no trespassing signs, but Indiana’s new Purple Paint Statute provides an enduring, economical and easy way for Indiana landowners to protect their property from trespassers. It could, however, help prevent someone from accidentally trespassing on another’s land. It also does not impact the elements of civil trespass. The new law does not impact this statute. This law, Indiana Code section 14-22-10-1, does not require notice that entry is not allowed. Indiana also has a law barring hunting without consent on privately owned land. Indiana’s Purple Paint Law, however, is the same for all land types. Land used for agricultural/herding/grazing purposes also must be marked on each side of all gates, cattle guards and openings that are designed to allow human ingress to the area. Similarly, Nevada requires intervals of not more than 1,000 feet for land used for agricultural purposes or for herding or grazing livestock, and intervals of not more than 200 feet for other types of land. Arkansas, for example, requires that marks be 100 feet apart for forested land, but 1,000 feet apart for non-forested land. Some states vary the requirements for painting a perimeter depending on the type of land being marked. White is used for proposed excavation limits or routes, and pink is used for temporary survey markings. Red is the uniform color for electric power lines orange for communications yellow for gas, oil and steam green for sewers and drain lines and blue for water. Why purple? Of the states that have adopted a “purple paint statute,” the majority (11 of the 21 identified above) have selected purple as the color of choice, likely to avoid confusion with other colors commonly used for marking underground utilities and surveying. At least two other states, Ohio and Oklahoma, have considered adopting similar legislation. § 943.13(2) specifies that the words “private land” be painted). § 810.011(5)(a) specifies that the words “No Trespassing” be painted) Idaho (Idaho Code Ann. If marking/capping posts, each mark must cover at least the top 2 inches of the post and be not more than 36 feet from the nearest other marked post.Ī caution: If a purple mark would be visible from both sides of a fence shared by different property owners or lessees, all of the owners or lessees of the properties must agree to post the properties with purple marks.Ī growing number of other states, at least 21, have “purple paint statutes” (with variation in the specific color of paint). If marking trees, each mark must be a vertical line of at least 8 inches in length and not more than 100 feet from the nearest other marked tree. Generally, the bottom of each mark must be between 3 and 5 feet from the ground. The purple marks must be readily visible to any person approaching the property. Pursuant to Indiana Code section 35-43-2-2(c) –(d), effective July 1, landowners may mark the perimeter of the area where entry is denied with purple paint on either trees or posts. The impetus behind purple paint statutes is to provide landowners with a second level of protection in these cases. Without a posted sign, it becomes much more difficult to prosecute trespass. Posted signs, however, can turn up missing or damaged due to theft, wind or fading. That notice had to come via personal communication, court order or the posting of a notice such as a “No Trespassing” sign. Passed as part of House Enrolled Act 1233, Indiana’s “Purple Paint Statute” means that a purple paint perimeter serves the same purpose as a “No Trespassing” sign.īefore July 1, criminal trespass required notice that no entry is allowed on the property. Articles, News See Purple? Check the Property Lines to Avoid TrespassingĮffective July 1, seeing purple could mean you are about to commit trespass.
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