Dr2kill
Well-Known Member
Can someone tell me what is correct. I've looked up the law and the way I interpret it is no less than 4' tall and a rectangle that is 9" x2". I've seen trees painted purple around a tree at least 3' wide.
Purple Paint Law
- Thread starter Dr2kill
- Start date
Savage
Well-Known Member
Also- doesn't imply consent for a GW to be on your property?
lol
Well-Known Member
2023 Tennessee Code :: Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) :: Chapter 14 - OFFENSES AGAINST PROPERTY (§§ 39-14-101 — 39-14-909) :: Part 4 - BURGLARY AND RELATED OFFENSES (§§ 39-14-401 — 39-14-414) :: Section 39-14-405 - Criminal t
Justia Free Databases of U.S. Laws, Codes & Statutes
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8 inch stripes at least 1 inch wide between 3 and 5 ft off the ground, plus signs near entry points.
I'd advise reading sections (b) and (c) to understand how the law works.
First I'll say that the law in Tennessee appears to me that they don't want to arrest people for simply trespassing on your property. I say because at the very beginning they give 3 defenses to prosecution. Then they give the requirements the property owner must abide by to have a person prosecuted.
(b) It is a defense to prosecution under this section that:
(1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;
(2) The person's conduct did not substantially interfere with the owner's use of the property; and
(3) The person immediately left the property upon request.
(c) The defenses to prosecution set out in subsection (b) shall not be applicable to a person violating this section if the property owner:
(1) Posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property; or
(2) Places identifying purple paint marks on trees or posts on the property; provided, that at least one (1) sign is posted at a major point of ingress to the property in a manner that is reasonably likely to come to the attention of a person entering the property and that the sign includes language describing that the use of purple paint signifies "no trespassing." If purple paint is used, then purple paint must be vertical lines of not less than eight inches (8″) in length and not less than one inch (1″) in width; placed so that the bottom of the mark is not less than three feet (3′) or more than five feet (5′) from the ground; and placed at locations that are reasonably likely to come to the attention of a person entering the property.
(b) It is a defense to prosecution under this section that:
(1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;
(2) The person's conduct did not substantially interfere with the owner's use of the property; and
(3) The person immediately left the property upon request.
(c) The defenses to prosecution set out in subsection (b) shall not be applicable to a person violating this section if the property owner:
(1) Posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property; or
(2) Places identifying purple paint marks on trees or posts on the property; provided, that at least one (1) sign is posted at a major point of ingress to the property in a manner that is reasonably likely to come to the attention of a person entering the property and that the sign includes language describing that the use of purple paint signifies "no trespassing." If purple paint is used, then purple paint must be vertical lines of not less than eight inches (8″) in length and not less than one inch (1″) in width; placed so that the bottom of the mark is not less than three feet (3′) or more than five feet (5′) from the ground; and placed at locations that are reasonably likely to come to the attention of a person entering the property.
DoubleRidge
Well-Known Member
The purple paint method is nice being less signage is required. Signs at main entry points then just paint....easier to maintain.
lol
Well-Known Member
That's exactly how it reads. They give trespassers an out but allow you to take it away with paint. It's an odd structure for a law.
BSK
Well-Known Member
Absolutely true. But little by little I've been posting all of my property. I started anywhere where there was direct road access, but I've eventually gotten around to almost every line. And I put up a lot of signs! I've got a sign at least every 30 yards. And I went with the ultra-durable aluminum signs. I bought them in bulk to keep the cost down (several hundred at a time). The company that produces them guaranteed they would last 20 years. I've had some up for close to 30 and they still look brand new.
In addition to the signs, I painted nearly every tree on the line with BIG swatches of bright orange paint. There is no way anyone gets on my place by accident. They know they've crossed a property line and they know I don't allow access without permission.
lol
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MickThompson
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They have to meet all 3 conditions under (b), not one of them. Notice the "and" at the end of b. 2
Planking
Well-Known Member
I have purple paint on all boundaries and 16 posted signs got pics of a trespasser and his fine was $0 in court. All he got was a 12 month restraining order. Doesn't do any good since the judicial system won't enforce it. This was a career criminal and it didn't matter.
DoubleRidge
Well-Known Member
BSK
Well-Known Member
Correct. The law doesn't help me since I didn't use purple paint. But I was more concerned about keeping out the accidental trespasser more than the ability to have trespassers prosecuted by the TWRA. My place adjoins a public hunting area, so I wanted to make sure those hunters knew EXACTLY where the line is. And so far, so good. Had two hunters scouting the public hunting land and they hit my line right where I had a trail-camera. They checked their property line app on their phone and then turned around and left. Good for them.
BSK
Well-Known Member
Posted Signs Archives - Voss Signs
vosssigns.com
If you order a couple hundred, you can get the cost of the aluminum signs down to about $1.50 each.
And I highly recommend getting a box of the aluminum nails for mounting. Those nails won't harm a chainsaw as much.
DoubleRidge
Well-Known Member
Good deal! Thanks!Posted Signs Archives - Voss Signs
If you order a couple hundred, you can get the cost of the aluminum signs down to about $1.50 each.
The law is definitely in favor of the criminal, police have there hands tied with liberal judges and da's.
Antler Daddy
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Why was the color purple chosen? What shade qualifies?
My experience isn't just that the hands are tied because of judges. At times the cops are tying the property owners hands because they are friends with the ones trespassing and are guilty their self. TN does not take property rights serious unless you have the correct last name.
lol
Well-Known Member
Its not defined by law, but I believe some states which passed the law before Tennessee referenced "OSHA No Hunting Purple" which is a shade of purple.
BSK
Well-Known Member
The reason I didn't use purple paint is because I've seen landowners use it, and it can't be seen from a distance. It is a very dull color. You have to really look for it in the woods. I chose bright orange because it can be seen from a long way away, especially after leaf-fall. But it still catches your attention in the heavy green of summer.
