Trespassing

[jrepp]

The State of Louisiana recently passed a new trespass law. No posting required. Unless you have permission of the land owner you are considered trespassing (with a few exceptions for law enforcement, medical responders and a few others).

RS 14:63
4. CRIMINAL TRESPASS

§63. Criminal trespass

A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.

B. No person shall enter upon immovable property owned by another without express, legal, or implied authorization.

C. No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.

 

[shvl73]

I may have struck some NH nerves with my "flatlander" moniker. Please take no offense, north of the notches even Lincoln & North Conway residents are flatlanders.

We always have been.
Now, if you go much further south, there is yet another name commonly used. I won't repeat it here, of course!

 

[shvl73]

My only point - many that own a partial acre think that anything bigger is free access to them. In fact NH law agrees with the concept including access to their partial acre. Landowners may agree to allow access, ask visitors to leave for any reason, or post the land against specific or all access. No one is a trespasser until they access a property after being given indication that they are not welcome, & that includes your front lawn. I don't post my 2 acres in Hampton Falls (my neighbors do theirs ) nor my 38 acres in Lancaster. When intruders appear I usually engage in conversation & make clear my expectations of their visit. At least they know I know who they are. I've had to ask some to leave because they were stupid, like allowing access to hunt & they started shooting within 50' of the house in the first minute. NH law also disallows shooting within 300' of a residence.
I feel it's been good for me not to post. I have a few regular users (locals) of my vacation property that keep an eye on it. I've had no vandalism or trash problems in 9 years. Some of my posted neighbors have not fared as well. I did have a friends tires slashed in my driveway by NH flatlanders that he had reported to Fish & Game the year before for illegally killing and abandoning a doe in buck season. It was a specific retaliation by a specific group. There is now a court order directing their future non-access.
As a kid I worked on a neighboring farm. When the owner spotted someone driving thru his hay to fish in the river he'd go ask if they had landowner permission. If they said they did, which was a lie or they were lost, their reaction to his declaration of ownership determined whether they stayed or were told to leave. The intruder's apology usually resulted in a parking recommendation & permisson to come back anytime, an arguement resulted in "go away & never come back!" I thought it a nice approach. MikeD74T

You seem quite reasonable in your approach.
Some of my neighbors have asked if they can cut through our field, I have told them they can anytime they like. I really thought it was nice of them to ask. I am fortunate to have good neighbors and try to be one.
One neighbor in particular has a bit of a reputation in town as being difficult. We've only had one issue, his dogs running loose and killing some of our birds. He thought we called the cops on him. Turns out, it was a woman that works for his son that called. The timing was coincedental. We went over and spoke to him about the problem and he wasn't sure, until his son was over one evening. Now, when his wife lets them out, he comes over looking for them. It worked out well and I think he appreciated us coming over to talk instead of calling to report him.

 

[moa-berg]

I think Mike hit the nail right on the head.
Also a good point about the signage. Most people from "out of town" dont realize that for "no trespassing" signs to be legal, they must be posted within X number of feet from each other. This means that one piece of property will have several signs. It gives the appearance that the whole country is posted.

Du må starte camping-plass!

 

[N80]

If you are on property that is not yours and you haven't been invited you are trespassing. Laws dictating signage minimums are assuming the opposite. If the owner doesn't actively do something to keep yoo out, you are free to use it.
The most recent eminent domain cases have been truly scary. The one in Conn involved occupied homes being seized by the government and occupants being _forced_ to sell and leave unwillingly in order for the land to be sold to developers. The US Supreme Court ruled that it was okay, not because they believed the law was correct but that the laws need to be properly codified on the local level.

From a conservative/liberal perspective this case was all over the place. Private property rights were clearly violated in a most egregious fashion which enrages conservatives. But the redistribution of the property did not take from the rich and give to the poor. It took from the poor and gave to the rich, enraging liberals. The local laws had very nebulous criteria for eminent domain. Some vaguely defined notion of 'greater good'.

Fortunately, many states listed to the Supreme Court ruling and acted properly. Both SC and NC significantly narrowed the criteria for eminent domain, and if I'm not mistaken, took third party private entities (developers) out of the mix. Sometimes state's rights make sense and the Supreme Court confirmed it in this case. It upheld Conn's right to do what they did because it was their law, but they warned other states to do better. And some did. Other states already had stringent E.D. laws.

One local guy observed that after I bought my land I was quick to post it. And he said it in a derogatory way. I told him that if you sacrifice, in whatever way, to have and own a piece of land you'd understand. He had grown much too comfortable using whoever's land he wanted to. Without any sacrifice at all.

 

[shvl73]

The most recent eminent domain cases have been truly scary. The one in Conn involved occupied homes being seized by the government and occupants being _forced_ to sell and leave unwillingly in order for the land to be sold to developers. The US Supreme Court ruled that it was okay, not because they believed the law was correct but that the laws need to be properly codified on the local level.

From a conservative/liberal perspective this case was all over the place. Private property rights were clearly violated in a most egregious fashion which enrages conservatives. But the redistribution of the property did not take from the rich and give to the poor. It took from the poor and gave to the rich, enraging liberals. The local laws had very nebulous criteria for eminent domain. Some vaguely defined notion of 'greater good'.

Fortunately, many states listed to the Supreme Court ruling and acted properly. Both SC and NC significantly narrowed the criteria for eminent domain, and if I'm not mistaken, took third party private entities (developers) out of the mix. Sometimes state's rights make sense and the Supreme Court confirmed it in this case. It upheld Conn's right to do what they did because it was their law, but they warned other states to do better. And some did. Other states already had stringent E.D. laws.

One of those justices lives reeaally close.
There was a bit of commotion about taking his property but, it went nowhere.
I disagree as strongly with his opinion as I do of those attempting to take his property.
Oh well, I still vote, for what its worth.

 

[BillyP]

If you are on property that is not yours and you haven't been invited you are trespassing.

End of story.

 

[JSUnlimited]

End of story.

Randomly in between my signs is a upset dog and a Remington 870.

 

[forgeblast]

My reason for posting is to make sure i am covered in a legal sense. I can see where people think its not posted so i can use his property, I dont want that so i have signs up.
My neighbors are good neighbors and we "share" each others property during hunting season, and if riding atvs etc, but i think its rare that we get along.
Posting for me is a small paper fence, if i wanted to keep people out i would barb wire it, or put trail cams up and file reports against people who tresspassed. but spending 10 dollars for some papers and staples is a lot easier and cheaper.
The biggest deterent is to know your property. i walk it almost every day, i am always outside, i know if garbage is tossed or if people have been driving across it. having a couple of barkers helps too.
just my 2 cents.
forgeblast

 

[1948berg]

Randomly in between my signs is a upset dog and a Remington 870.

I guess that the Remington 870 is not a typewriter?