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Upper Peninsula lawmaker introduces plan to protect private property rights
RELEASE|February 25, 2020

State Rep. Beau LaFave, of Iron Mountain, today introduced a plan that would shield private property rights for Michiganders by keeping DNR officers off their property without a warrant, permission from the property owner or lessee, reasonable belief evidence of a crime will be destroyed before a warrant is issued, or the employee is in pursuit of a criminal suspect.

The measure prohibits any Department of Natural Resources employee from entering one’s private property unless they have probable cause a crime is being committed. This could include authorization from a property owner or lessee, a court-issued warrant, or strong belief from the officer there is evidence of a crime that would be destroyed or concealed before a warrant is equipped.

“The right to own private property, which is merited under the Fifth Amendment of the Bill of Rights, is under attack,” LaFave said. “It is our constitutional right to own private property without excessive government control. When people are paying the government a significant amount of money in taxes every year, they expect their rights to be respected.
“Instead, you see DNR officers on opening day of deer season walking around your land, with no probable cause. It’s frustrating.”

LaFave said the Michigan State Police don’t violate property rights when investigating murders, rapes and arsons, so the DNR shouldn’t be violating property rights to investigate a squirrel shot out of season.

“Our plan will protect Michigan families from overreaching government regulations,” LaFave said. “Afterall, we’re in America – this isn’t the old Soviet Union.”

LaFave added that citizens might not be too concerned about protecting their private property rights until it’s too late, usually after the government steps in and makes a decision that affects them directly.

“Michigan property owners must demand their rights are protected to prevent anything like this from happening,” LaFave said. “I am committed to standing up for our families and communities and telling the DNR this is unacceptable.”

House Bill 5540 has been referred to the House Judiciary Committee.

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