Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-533 - Trespass on State Land

Current through Register Vol. 30, No. 28, July 12, 2024
A. Whoever
				knowingly and wilfully commits a trespass upon state lands, either by cutting
				down or destroying any timber or wood standing or growing thereon, or by
				carrying away any timber or wood therefrom, or by mowing, cutting, or removing
				any hay or grass thereof or therefrom or the grazing of livestock thereon,
				unless he shall have pending an application for the leasing of such lands, or
				by extracting or removing any oils, gases, coal, minerals, earth, rocks,
				fertilizer or fossils of any kind or description thereon or therefrom, or who,
				without right, injures or removes any building, fence or improvements thereon,
				or unlawfully occupies, plows or cultivates any of said lands, or negligently
				or wilfully exposes growing trees, shrubs, or undergrowth standing thereon to
				danger or destruction by fire, shall be guilty of a misdemeanor.
B. Whoever commits any trespass upon state
				lands, as above stated, shall also be liable in a civil action, brought in the
				name of the state in the county in which the trespass was committed, for three
				times the amount of the damage caused by such trespass, if the trespass was
				wilful, but for single damages only, if casual or involuntary. In the case of
				unfenced state land included within a fenced range, it shall be prima facie
				evidence of wilful trespass to permit the grazing of livestock thereon, unless
				the defendant shall have pending an application for the leasing of such lands.
				The damage referred to will be the rate per acre as found for the year for the
				appraised carrying capacities of the land. The Commissioner may also, without
				legal process, seize and take any product or property whatsoever unlawfully
				severed from such land, whether the same has been removed from such land or
				not, and may dispose of the product or property so seized in the manner
				prescribed by law for disposing of the products of state lands. The county
				officers of the several counties shall report to the Commissioner any trespass
				upon state lands which may come to their knowledge.
C. All lessees and permittees and holders of
				Certificates of Purchase are requested to inform the Commissioner in writing of
				any trespass committed on state lands, giving full information concerning such
				acts of trespass and by whom the same has been committed.
D. It shall be unlawful to utilize any type
				of motorized vehicle for travel on state trust lands except:
1. By the general public using public roads
				and highways that cross state trust lands;
2. By lessees and permittees of the
				Department acting within the limits of their leases and permits, employees of
				public agencies acting within the scope of their duties, and any persons using
				military, fire, search and rescue, or law enforcement vehicles for emergency
				purposes; and
3. By holders of
				valid Arizona hunting, fishing, or trapping licenses within the scope of such
				license:
a. On existing roads; or
b. For cross-country travel without damaging
				croplands, improvements, or cultural or historic sites to pick up legally
				killed big game animals.