37-502. Damages in civil action for trespass on
state lands; seizure of products; report of trespasses
A. Whoever commits any trespass upon state lands as defined by section 37-501 is
also 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 the trespass,
if the trespass was wilful, but for single damages only if casual or involuntary.
B. When unfenced state land is included within a fenced range, it is prima facie
evidence of wilful trespass to permit the grazing of livestock thereon, unless the person
has a lease or sublease approved by the department for the area being grazed.
C. The damage provided for in this section is the rate per acre as determined for
the year for the appraised carrying capacity of the lands.
D. The state land department may also, without legal process, seize and take any
product or property unlawfully severed from the land, whether it has been removed from
the land or not, and may dispose of the product or property so seized in the manner
prescribed by law for disposing of products of state lands.
E. The county officers of the several counties shall report to the department any
trespass upon state lands which comes to their knowledge.
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