No one desires to cope with intruders on their property. The idea that somebody is on our land and should not be is sufficient to offend someone. But you possibly can’t fly off the handle simply because someone steps in.
Understanding intrusion laws and where they intersect along with your rights is crucial to coping with intruders while maintaining legal and ethical compliance.
Furthermore, understanding trespassing laws in your state is crucial to avoid trespassing anyone else’s land.
Each state has its own interpretation and differences with regards to trespass laws, and Louisiana isn’t any exception.
Ultimately, Louisiana’s laws are perfectly reasonable, however the misfortune for laymen and not using a legal background is that the statutes are extremely long and hard to navigate and not using a seasoned skilled by your side.
We are here to assist with this issue by providing this handy guide that can introduce you to an important parts of Louisiana trespassing laws.
Overview of Louisiana trespass law
- Louisiana has a progressive trespass penalty schedule; repeated offenses result in increasingly severe penalties.
- Signage and fencing will not be required to post a property in Louisiana, but are generally a superb idea to guard your individual.
- Louisiana allows property owners to mark the boundaries of their property with purple paint along with signs or fencing.
- Louisiana strictly prohibits the usage of drones to film property or occupant activities.
What constitutes trespassing in Louisiana?
Louisiana generally defines a misdemeanor as trespassing or being on any property, structure, or vehicle belonging to a different person without that person’s express consent or legal authority.
It can be defined as staying on or in such property after obtaining permission, when such permission is revoked and when the owner or his authorized agent gives the order to depart the property.
You can examine all this and rather more in section 63 of the Louisiana state statute. Please note that this can be a very long section and we are going to only show the relevant portions throughout the article.
We strongly recommend that you just take the time to read the whole section yourself after completing this guide.
A. No person may enter any structure, craft or movable property owned by one other person without express, legal or implied permission.
B.(1) No person may acquire the property of one other without express, legal or implied authorization.
(2) For the needs of this subsection, the phrase “enter property” as utilized in this subsection, along with its common meaning, meaning and connotation, includes the operation of an unmanned aerial vehicle system as defined in RS 14:337 within the airspace above another person’s property with the intent to supervision over this property or over an individual residing lawfully on this property.
(…)
C.(1) No person could also be on the movable or immovable property of one other without express, legal or implied authorization.
(2) For the needs of this subsection, the phrase “remain on or on the premises” as utilized in this subsection, along with its common meaning, meaning and connotation, includes the operation of an unmanned aerial vehicle system as defined in RS 14:337 within the airspace above property owned by one other person with the intention of supervising that property or any person lawfully resident on that property.
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Does Louisiana require “No Trespassing” signs?
No, the posted signage is just not required by the Criminal Intrusion section, but the identical section also states that any such posted signage counts as a no trespassing notice.
Read it for yourself in paragraph J of section 63 below:
J. Although not required by this section, it must be noted that entry onto any structure, vessel, movable or immovable property belonging to a different person is prohibited, it could be marked by considered one of the next:
(1) An indication or signs placed on or in real estate at a spot or places where such sign or signs may reasonably be expected to be visible.
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Is a fence required to guard property?
No. As with the position of signage above, fencing is just not strictly required so that you can have the force of law behind you with regards to deterring or chasing intruders.
However, any fence that’s designed to stop people from entering in effect counts as a warning against entering Louisiana.
What other signs indicate “no trespassing”?
Varnish markings. Louisiana is considered one of several states to have incorporated what’s sometimes called purple paint laws into its trespass laws.
Generally, these laws allow property owners to mark their property balance on poles or trees with typically vertical markings in purple paint. This is the rationale for the name!
Louisiana’s versions of those laws are very much like most other states that use them, specifically they need to be no less than 8 inches high by 1 inch wide, oriented vertically, and placed at about eye level on a post or tree, not lower than three feet and not more than 5 feet off the bottom.
Each of those signs have to be placed not more than 100 feet apart in wooded areas.
The exact text that’s relevant is taken directly from Section 63:
(…)
(2) Placing purple paint identification marks on trees or poles on the property, provided those marks are:
(a) Vertical lines not lower than eight inches long and never lower than one inch wide.
(b) Located in order that the lower fringe of the mark is just not lower than three feet from the bottom and no more than five feet from the bottom.
(c) Located in locations readily visible to any person approaching the property, inside a distance of not multiple hundred feet in wooded areas as defined in RS 3:3622, or one thousand feet in non-wooded areas.
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Can Attorneys Ignore No Trespassing Signs?
No. Placing a no trespassing sign at any entrance to your property, built or undeveloped, residential or otherwise, serves as a warning against solicitors.
Can trespassing end in an arrest in Louisiana?
Definitely yes. While an strange criminal misdemeanor normally only leads to a violation and a wonderful, Louisiana has a progressive scale with regards to penalties.
Repeated offenses can actually be punished with arrest, and any intrusion that happens with the aim of committing against the law or that causes harm may also end in arrest.
Can you sue someone for trespassing?
Yes. Although, before you lose your form and wish to take someone to civil court for trespassing in your land, know that Louisiana makes exceptions to trespassing charges and certain special cases.
For example, when someone performs his duly appointed duties or only steps in for the express purpose of collecting livestock or other domestic animals which have escaped and wandered onto another person’s land, so long as they do no damage and leave it immediately after securing the animal.
See paragraph F in section 63 for more information:
F. The following individuals may enter or stay on another person’s property, unless the owner or other authorized person forbids it orally or in writing:
(…)
(5) A livestock owner or his employees or agents within the recovery of his livestock who has escaped from the fenced area to retain such livestock.
(6) A pet owner who is barely within the strategy of retrieving his pet from the property and is just not carrying a firearm or other weapon.
Special Intrusion Cases in Louisiana
Rather a lot. Too many to cover on this short guide, but perhaps an important concerns the usage of drones for aerial surveillance of personal property or people on private property without the property owner’s express permission.
Louisiana takes this very seriously, and the proven fact that you could have a drone within the air with a camera transmitting to a base station or simply recording to its internal memory may be enough to place you at odds with stature, so all drone operators beware when you are able.
