"U#lic forest, "roclaimed tim#erland, communal forest, communal "asture, and forest reserve. Without the written "ermission of the %irector of &orestry or his duly authori'ed re"resentative, it shall #e unlawful for any "erson willfully to enter u"on such "u#ic forest, "ma(e "cain)in" therein, or in any manner destroy such forest or "art thereof
"U#lic forest, "roclaimed tim#erland, communal forest, communal "asture, and forest reserve. Without the written "ermission of the %irector of &orestry or his duly authori'ed re"resentative, it shall #e unlawful for any "erson willfully to enter u"on such "u#ic forest, "ma(e "cain)in" therein, or in any manner destroy such forest or "art thereof
"U#lic forest, "roclaimed tim#erland, communal forest, communal "asture, and forest reserve. Without the written "ermission of the %irector of &orestry or his duly authori'ed re"resentative, it shall #e unlawful for any "erson willfully to enter u"on such "u#ic forest, "ma(e "cain)in" therein, or in any manner destroy such forest or "art thereof
AN ACT TO DISCOURAGE DESTRUCTION OF FORESTS, FURTHER AENDING FOR THE PURPOSE SECTION T!ENT"#SE$EN HUNDRED FIFT"#ONE OF THE RE$ISED ADINISTRATI$E CODE. Sec. 1. Section twenty-seven hundred fifty-one of the Revised Administrative Code, as amended, is further amended to read as follows: "Sec. 271. !nlawful occu"ation or destruction of "u#lic forest. $ithout the written "ermission of the %irector of &orestry or his duly authori'ed re"resentative, it shall #e unlawful for any "erson willfully to enter u"on any "u#lic forest, "roclaimed tim#erland, communal forest, communal "asture, and forest reserve and occu"y the same, or to ma(e "cain)in" therein or in any manner destroy such forest or "art thereof, or to cause any dama)e to the tim#er stand and other forest "roducts and forest )rowth found therein, or to assist, aid or a#et any other "erson so to do. *t shall also #e unlawful for any "erson ne)li)ently to "ermit a fire which has #een set u"on his own "remises to #e communicated, with destructive results, to any of the "u#lic forests hereina#ove descri#ed. Any "erson violatin) this section shall suffer "+a, *f the offense is committed within a "roclaimed tim#erland or communal forest or communal "asture, a fine of si- times the re)ular )overnment char)es u"on the tim#er of other forest "roducts so unlawfully destroyed, and in addition thereto, im"risonment for not less than si- months nor more than one year. "+#, *f the offense is committed within a forest reserve, a fine of ei)ht times the re)ular )overnment char)es on the tim#er or other forest "roducts so unlawfully destroyed, and in addition thereto, im"risonment for not less than si- months nor more than one year and si- months. "+c, *f the offense is committed in any of the "u#lic forests, other than those mentioned under su#sections +a, and +#, hereof, a fine e/uivalent to four times the re)ular )overnment char)es u"on the tim#er or other forest "roducts so unlawfully destroyed, and in addition thereto, im"risonment for not less than three months nor more than si- months. "*n all case fallin) under this section, the court shall, u"on conviction, order the eviction of the offender from the land, and the forfeiture to the 0overnment of any construction or im"rovement made thereon. *f the area is reforested or under reforestation, the court shall, in addition to the "enalties herein "rovided, sentence the accused to "ay the )overnment four times the actual dama)es sustained as determined #y the value of "lantin)s and im"rovements destroyed and the detriment to the land and ve)etation thereof. "1o "erson who has occu"ied any "ortion of these forests in )ood faith for more than five years "rior to 2une 3, 1454 shall #e su#6ect to the "enalty "rescri#ed herein and should the area so occu"ied #e found to #e more fitted for a)ricultural than for tim#er "ur"oses, the same may #e dis"osed of in favor of the actual occu"ant or occu"ants under the "rovisions of Commonwealth Act 1um#ered 7ne hundred and forty-one. "$henever a land of the "u#lic domain is #urned or the tim#er therein cut or destroyed without license or "ermit, the actual occu"ant shall #e "resumed to have #urned or cut or destroyed its tim#er. "8Actual occu"ants8 as used in this Act shall mean any "erson who occu"ies the area for residential "ur"oses, cultivates the land, ma(es im"rovements, or derives "rofits from the land in any manner whatsoever. "Any "erson who em"loys or induces another to commit acts in violation of the "rovisions of this section shall li(ewise #e "unished. "Re"resentatives, a)ents or em"loyees of the 9ureau of &orestry and the Reforestation Administration who fail to re"ort and:or "rosecute criminally "ersons who destroy trees and other forest "roducts within their 6urisdiction shall #e "unished #y a fine of not less than two hundred "esos, or im"risonment of not less than one month nor more than si- months, or #oth fine and im"risonment in the discretion of the court, and in addition, shall #e automatically dismissed from the service." Sec. 2. ;his Act shall ta(e effect u"on its a""roval. A""roved: 2une 22, 14<5.
Central Wyoming Law Associates, P.C., Formerly Hursh and Donohue, P.C., D/B/A Hursh, Donohue, & Massey, P.C., a Wyoming Professional Corporation v. The Honorable Robert B. Denhardt, in His Capacity as County Court Judge of Fremont County, Wyoming, and William Flagg, in His Capacity as County Attorney of Fremont County, Wyoming, and Those Acting Under His Direct Supervision, 60 F.3d 684, 10th Cir. (1995)