New Jersey Assembly Bill A1126

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Revises offense of agricultural trespass to eliminate mental state requirements, expand number and type of activities constituting agricultural trespass, and expand definition of "lands" susceptible to agricultural trespass.

Impact

The implications of this legislation are notable as it alters the framework surrounding agricultural trespass laws in New Jersey. By removing the need to establish a mental state, the bill substantially empowers landowners, allowing them to assert greater control over their property with fewer legal hurdles. The broader definition of land subject to trespass also aims to protect a wider variety of agricultural and horticultural lands from unauthorized access and potential damage.

Summary

Assembly Bill A1126 introduces significant revisions to the New Jersey laws regarding agricultural trespassing. This bill specifically eliminates the requirement of proving a mental state, such as knowledge or recklessness, when determining if an offense of agricultural trespass has occurred. Moreover, the bill expands the range of activities that can lead to such a charge, making it easier for landowners to enforce restrictions against trespassers.

Contention

However, this bill has faced scrutiny and may introduce points of contention regarding property rights. Critics may argue that the elimination of mental state requirements could lead to unjust penalties for individuals who may inadvertently enter private agricultural lands. The expansive definitions included in the bill could also cause conflicts regarding the enforcement of restrictions, as the interpretation of what constitutes 'suitable notice' for trespassing could vary widely. Overall, while the bill seeks to bolster protections for landowners, it raises essential questions about fairness in the application of trespass laws.