This week, the House Natural Resources and Tourism Committee reported legislation aimed at strengthening private property rights and updating enforcement practices within state agencies.
Key Points:
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- House Bills 4073 and 4421 were introduced by Representatives David Prestin (R-Cedar River) and Tom Kunse(R-Clare), respectively.
- The legislation requires agents of the Department of Natural Resources (DNR) and the Department of Environment, Great Lakes, and Energy (EGLE) to obtain a warrant or consent from the property owner before entering private property.
- Additionally, it clarifies that the “open fields doctrine” does not apply to searches by these agencies.
- According to the committee chair, Representative David Martin (R-Davison), the open fields doctrine came from federal cases involving alcohol stills during prohibition and later illegal marijuana grows, not wildlife or environmental management practices.
- The bills include exceptions, allowing officers to enter without a warrant when they have permission, are in pursuit, to protect life or property, are witnessing a crime, or acting to preserve evidence.
Next Steps:
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- The bills were sent to the House floor for consideration.
