1. A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor.
2. B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor.
3. C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor.
4. D. In the event any person enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, he shall be liable to the owner, lessee or person in lawful possession for damages in an amount equal to double the amount of the appraised value of the damage of the property injured or destroyed.

History: Laws 1979, ch. 186, § 2; 1983, ch. 27, § 3.

ANNOTATIONS

The 1983 amendment deleted "petty" preceding "misdemeanor" in Subsections A to C.

Surface lessee of land had no standing to sue for trespass and unjust enrichment. — Where plaintiff leased land for purposes of ranching and defendants pumped salt water from beyond the boundaries of the land into a disposal well on the land without the knowledge or consent of plaintiff, plaintiff did not have standing to sue defendants for trespass or unjust enrichment. McNeill v. Rice Eng. & Operating, Inc., 2010-NMSC-015, 148 N.M. 16, 229 P.3d 489.

Owner of land had no standing to sue for trespass for use of land prior to owner’s acquisition of the land. — Where defendants pumped salt water from beyond the boundaries of plaintiff’s land into a disposal well on plaintiff’s land without the knowledge or consent of plaintiff or plaintiff’s predecessor in interest, plaintiff did not have standing to sue defendants for trespass for acts that occurred prior to the time plaintiff owned the land. McNeill v. Rice Eng. & Operating, Inc., 2010-NMSC-015, 148 N.M. 16, 229 P.3d 489.

Noneconomic damages are available in trespass and private nuisance actions. — Trespass is a direct infringement of another’s right of possession, and private nuisance, which is akin to trespass, is an in personam action for tortious interference with one’s use and enjoyment of land. Noneconomic damages, including damages to compensate for annoyance, discomfort, and inconvenience, are available in trespass and private nuisance actions, both of which seek to remedy invasions of property rights. It is for the trier of fact to determine the amount of damages, in view of the discomfort or annoyance to which the plaintiffs have been subjected. 2024 Op. Att'y Gen. No. 24-05.

Subsection D does not apply to trespass by substances beneath the surface of the land. Hartman v. Texaco, Inc., 1997-NMCA-032, 123 N.M. 220, 937 P.2d 979.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Trespass: state prosecution for unauthorized entry or occupation, for public demonstration purposes, of business, industrial, or utility premises, 41 A.L.R.4th 773.

Entry on private lands in pursuit of wounded game as criminal trespass, 41 A.L.R.4th 805.

Tree or limb falls onto adjoining private property: personal injury and property damage liability, 54 A.L.R.4th 530.

Encroachment of trees, shrubbery, or other vegetation across boundary line, 65 A.L.R.4th 603.

Business interruption, without physical damage, as actionable, 65 A.L.R.4th 1126.