AB 136

Generally under current trespass law, subject to a number of exceptions, a

person who enters the land of another, without permission, is subject to a Class B

forfeiture. The exceptions include a person authorized to enter land to remove a wild

animal and a hunter entering land that is required to be open for hunting. Also under

current trespass law, a person who enters the locked or posted construction site of

another, without permission, is guilty of a Class A misdemeanor.

This bill creates an exception to certain prohibitions against trespassing.

Under this bill, the trespassing prohibitions do not apply to an assessor or an

assessor's staff entering the land, or construction site, of another to make an

assessment for the state or for a political subdivision (a city, village, town, or county).

For the exception to apply, the bill requires the assessor or the assessor's staff to leave

in a prominent place notice that the assessor or staff entered the land or construction

site, and the assessor or assessor's staff must not have received notice from the owner

or occupant of the land not to enter or remain on the premises.

The bill also provides immunity from civil liability for the owner or person in

lawful possession of premises for any injury to or death of an assessor or a member

of an assessor's staff who enters a construction site without permission to make an

assessment. The immunity does not apply if the injury or death resulted from

reckless, wanton, or intentional misconduct of the owner or person in lawful

possession of the premises.

Under current law, each taxation district is required to assess property at full

value at least once every five years. Under this bill, before a city, village, or town

(municipal) assessor may conduct a revaluation of property, the municipality must

publish a notice on its Web site, or post in at least three public places if it has no Web

site, that a revaluation will occur. The notice must state the approximate dates of

the revaluations and describe the authority of an assessor to enter land.