LANSING, Mich. — State Sen. Michele Hoitenga this week introduced legislation to stop the practice of state environmental and conservation officers entering private property without a warrant or the owner’s consent.
“This legislation is a crucial step toward restoring and protecting private property rights in Michigan,” said Hoitenga, R-Manton. “Property owners should not have to fear bureaucrats from the DNR and EGLE trespassing on their land based on hearsay and unverified allegations.”
Senate Bills 755 and 756 aim to abolish the use of the “open fields doctrine” by the Department of Natural Resources (DNR) and the Department of Environment, Great Lakes, and Energy (EGLE).
This doctrine, stemming from a 1924 federal court ruling, has allowed warrantless searches of open fields and areas beyond the immediate vicinity of a home.
“Today’s aerial technology has redefined the notion of an ‘open field.’ What was once private is now under constant surveillance, resulting in arbitrary intrusion,” Hoitenga said. “It’s time to reassess these outdated legal frameworks.”
Hoitenga emphasized that this is not a partisan issue, but rather a privacy issue.
“We can protect our natural resources while also respecting the rights of property owners,” Hoitenga said. “Passing these bills would represent a vital step toward rebuilding trust between citizens and their government.”
The proposed legislation has been referred to the Senate Committee on Civil Rights, Judiciary, and Public Safety for further review.
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