New York Assembly Bill A02165

New York 2025-2026 Regular Session

• Introduced: 1/15/25
• Refer: 1/15/25
• Refer: 1/7/26

Caption

Permits owners of private property to post such property to prevent trespass by painting purple markings on trees or markers.

Summary

A02165 would amend New York’s Penal Law definition of “enter or remain unlawfully” to create a new method for private property owners and lessees to post land against trespass. Under the bill, property could be marked with purple paint or purple-topped posts placed at specified heights and intervals, so long as the markings are readily visible to people approaching the property. The bill also preserves existing trespass rules for posted land and clarifies that the new marking method does not override other legal restrictions, covenants, contracts, or local rules. The measure also directs the Department of Agriculture and Markets to run a public information campaign explaining the new posting requirements, including the size, placement, and visibility standards for the purple markings. The bill would take effect 120 days after becoming law. In practical terms, it would give landowners an additional, standardized way to provide notice against trespass without relying solely on signs or personal communication.

Impact

The bill would amend Penal Law section 140.00, which defines when a person enters or remains unlawfully on property, by adding a statutory purple-marking system for posting private land. This would affect property owners, lessees, trespass enforcement, law enforcement, and courts interpreting trespass notices. It would also require the Department of Agriculture and Markets to educate the public about the new posting method, and it would not supersede other applicable property restrictions or legal instruments.

Sentiment

Based on the bill’s caption and the absence of recorded committee debate or votes in the provided materials, the overall sentiment appears to be supportive of giving property owners a clearer, more visible way to mark land against trespass. The sponsors’ framing suggests the bill is intended as a practical property-rights measure. No contrary positions are documented in the supplied record, so there is no evidence here of organized opposition or divided sentiment.

Contention

The main potential point of contention is whether purple paint postings are an effective and sufficiently clear substitute for traditional trespass signs, and whether the new standard could create confusion for the public or enforcement officials. Another possible issue is the burden on landowners and adjacent owners, since the bill sets detailed spacing, height, and visibility requirements and requires concurrence before marking shared fence lines. The bill also explicitly avoids conflicting with other laws and private agreements, which suggests concern about overlap with local ordinances, easements, covenants, and fencing rules.