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Public Act 97-0477 

Governor Quinn signed Senate Bill 1914, which became Public Act 97-0477, on August 22, 2011.  The law became immediately effective.

Public Act 97-0477 gives landowners or lessees the option of marking their property with a series of purple marks on trees or posts.  Until January 1, 2013, landowners or lessees using purple marks must continue to issue a “no trespassing” notice either by oral or written notice to particular individuals or by posting appropriate signage at the main entrance to the property in question.

The purple marks must be either:

  • A vertical line of at least 8 inches in length. The bottom of the mark shall be between 3 and 5 feet high. Each mark shall be no more than 100 feet from another such mark and be readily visible to any person approaching the property.

or

  • A post capped or otherwise marked on at least its top 2 inches. The bottom of the cap or mark shall be between 3 feet and 5 feet 6 inches high. Posts so marked shall be no more than 36 feet apart and be readily visible to any person approaching the property. Prior to applying a cap or mark that is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees must agree to the decision to post their own property.

Trespassing on property so marked constitutes a Class B misdemeanor, except when a person trespasses using a motor vehicle if the marked area is an orchard; an enclosed area containing livestock; a barn or other agricultural building containing livestock; or an field that is used or capable of being used for growing crops. Such trespassing constitutes a Class A misdemeanor.

No landowner or lessee is authorized to post purple marks if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or other instrument.

Public Act 97-0477 does not apply to real property located in a municipality of over 2,000,000 inhabitants.