§ 40-27-101 — Trespass to unlawfully collect resource data; unlawful collection of resource data

(a) A person commits a civil trespass to unlawfully
collect resource data from private land if he:
(i) Enters onto private land for the purpose of
collecting resource data; and
(ii) Does not have:
(A) An ownership interest in the real property
or statutory, contractual or other legal authorization to enter
the private land to collect the specified resource data; or
(B) Written or verbal permission of the owner,
lessee or agent of the owner to enter the private land to
collect the specified resource data.
(b) A person commits a civil trespass of unlawfully
collecting resource data if he enters onto private land and
collects resource data from private land without:
(i) An ownership interest in the real property or,
statutory, contractual or other legal authorization to enter the
private land to collect the specified resource data; or
(ii) Written or verbal permission of the owner,
lessee or agent of the owner to enter the private land to
collect the specified resource data.
(c) Repealed by Laws 2023, ch. 52, § 2.
(d) A person who trespasses to unlawfully collect resource
data or a person who unlawfully collects resource data under
this section shall be liable in a civil action by the owner or
lessee of the land for all consequential and economic damages
proximately caused by the trespass. In a civil action brought
under this section, in addition to damages, a successful
claimant shall be awarded litigation costs. For purposes of
this subsection, "litigation costs" shall include, but are not
limited to, court costs, expert witness fees, other witness
fees, costs associated with depositions and discovery,
reasonable attorney fees and the reasonably necessary costs of
identifying the trespasser, of obtaining effective service of
process on the trespasser and of successfully effecting the
collection of any judgment against the trespasser.
(e) Repealed by Laws 2016, ch. 115, § 2.
(f) Resource data unlawfully collected on private land
under this section is not admissible in evidence in any civil,
criminal or administrative proceeding, other than a civil action
for trespassing under this section or a criminal prosecution for
trespassing under W.S. 6-3-414.
(g) Resource data unlawfully collected on private land
under this section in the possession of any governmental entity
as defined by W.S. 1-39-103(a)(i) shall be expunged by the
entity from all files and data bases, and it shall not be
considered in determining any agency action.
(h) As used in this section:
(i) "Collect" means to take a sample of material,
acquire, gather, photograph or otherwise preserve information in
any form and the recording of a legal description or
geographical coordinates of the location of the collection;
(ii) "Peace officer" means as defined by W.S.
7-2-101;
(iii) "Resource data" means data relating to land or
land use, including but not limited to data regarding
agriculture, minerals, geology, history, cultural artifacts,
archeology, air, water, soil, conservation, habitat, vegetation
or animal species. "Resource data" does not include data:
(A) For surveying to determine property
boundaries or the location of survey monuments;
(B) Used by a state or local governmental entity
to assess property values;
(C) Collected or intended to be collected by a
peace officer while engaged in the lawful performance of his
official duties.