Landowners can use "No Trespassing" signs, however
the Purple Paint Statute allows landowners to mark trees or posts with purple
paint as a warning to would-be trespassers. Just like a "No
Trespassing" sign or actual communication to individuals that no trespassing
is allowed, the purple paint marks are considered to be adequate notice to the
public that no trespassing is allowed on the property.
Missouri's law is similar to one that has been used in
Arkansas since 1989. These statutes were enacted to provide landowners with an
economical and easy way to keep out unwanted trespassers. The law does not
require that property marked with the purple paint also be fenced, thus it is
an economical alternative for landowners who do not otherwise need to fence their
property.
Additionally, it prevents a problem encountered when using "No
Trespassing" signs -- purple paint marks can't be taken down, destroyed,
or stolen! All land marked with purple paint in the manner proscribed by the
statute is considered to be adequate notice to the public. It fulfills the same
function as a "No Trespassing" sign, a fence, or telling someone not
to come onto your property.
Under Missouri's law:
Any owner or lessee of real
property can post property with the purple paint marks.
Purple paint marks must be
placed on either trees or posts (the statute does not specifically allow the
option of placing paint marks on buildings).
Vertical paint lines must be at
least 8 inches long (the statute does not mention a maximum length).
The bottom edge of each paint
mark must be between 3 feet and 5 feet off the ground.
Paint marks must be readily
visible to any person approaching the property.
Purple paint marks cannot be more than 100 ft. apart.
Other violations which would subject a trespasser to
first-degree trespass are: (1) entering a property posted with "No
Trespassing" signs; (2) refusing to leave property once told to do so; and
(3) coming onto land fenced against intruders.
Landowners can purchase the purple boundary posting paint at
hardware stores across the state. Several paint companies have formulated a
latex semi-paste product for the specific purpose of marking property. The
paint can be applied in its semi-paste form or sprayed once thinned.
(By John Hobbs, MU Agriculture
and Rural Development Specialist)
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