Try this:
No Trespassing Moon
One small step one large leap man
kind won’t return soon
Or No Trespassing Mars
Great Galactic Ghoul posted
enforcement is harsh
It also says
which means that in some cases, at least, signage is not necessary. I’m fairly certain that the reason that you see a lot of “no trespassing” signs in certain situations (like rural areas with lots of unimproved land) and not others ( city or suburban areas with small lots) is because of the difficulty in establishing that someone “knowingly” entered the property of another in rural areas. A claim that you thought the 100 acres of woods was publlc land is believable in a way that the same claim about my 20 x100 lot is not.
Is Texas there is a “purple paint” law as well. Purple paint on trees, posts, etc is the same as no trespassing, provided it is applied according to the statue. Other states have paint color laws as well.
Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) “Entry” means the intrusion of the entire body.
(2) “Notice” means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
© a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land…
There is way more to the Criminal Trespass offense…to lengthy to list here.
But said sign could be 50 years old and barely readable.
No trespassing here.
The monolith has spoken.
Elsewhere, be my guest.
Then it doesn’t meet the criteria. That’s why the signs are reposted every few years.
What about a sign that I have seen that says “Trespassers will be shot”.
Can the property owner shot the trespasser?
I would be interested in hearing from someone in the UK about this. I have seen (yeah, TV shows) where it is suggested that people have the right to walk any path (I think) even if it crosses private land. At least in these shows, the walkers win. Also there seems to be a waiver granted to gypsies in the UK about where they can camp and how long they can stay, even on private land.
It would be interesting, at least to me, if any of this is true.
Bob
[QUOTE]
Minnesota Hunting Synopsis;
[Landowners, lessees, or authorized managers need only post their land once a year. The signs must be placed at intervals of 1,000 feet (500 feet in wooded areas) or signs may be placed at primary corners of each parcel and at access points to the property. Signs must state “No Trespassing,” or similar words, in 2-inch high letters and have either the signature or the name and telephone number of the landowner, lessee, or manager. There can be civil or criminal penalties for violation of the trespass laws with maximum fines up to $3,000 and license revocation. All conservation officers and peace officers enforce trespass laws… /QUOTE]
In MN the Trespass law is a Department of Natural Recourses Law but covers every aspect of trespass year around and everywhere.
Because of the abuses by trespassers signs only have to be posted once a year and if the sign is removed the next day by some goblin who wants to play games the property is still lawfully posted.
Anyone who desires to recreate is required to know who owns the property. There are plot books and some counties have GIS mapping on the internet so there are NO excuses.
Then there is the, shall I say exemption or maybe a pass through the Minnesota Personal Protection Law where entering a private building such as a business that posts NO GUNS Allowed in compliance with the statute could enter such property with a concealed gun and not be in violation unless asked to leave and not leave whereby the penalty would be a petty misdemeanor with a $25.00 fine for the first offence.
And if they leave when asked there will be no law broken.
Other states will immediately charge such a person with Criminal Trespass!!!
The variant that gave me pause was “Trespassers will be violated”.
About in the late 1950’s in Oklahoma, it supposedly went like this in a few cases.
Land properly posted with signs.
Person trespassed and was warned in front of two witnesses to not come again or he would be shot.
They both did it again and were both shot. No charges… That is what I remember. That is how people I know did things. Heard it said to a guy for real once.
Real, … IDK.
IMO, that should be the law everywhere.
In most places absolutely not. You can not use lethal force without a lethal threat. Posting a ‘trespassers will be shot’ can actually work to your disadvantage as it’s evidence you intended to violate the law.
In general however if you see a ‘trespassers will be shot’ sign don’t go there. The person who posted it might not know or care what the law allows them to do.
On a path, yes. Many of those paths have been there far longer than farm/factory/home/city/town. People have a right the sameway water/drainage/sewer/power companies have access rights to their pipes on your property: walkers have rights to their paths on your property.
Camping (or being an itinerant worker) is not a crime, although it may be criminalised in some places. If someone uses my land without my permission, that’s a civil-court matter between the two of us. The police don’t have a legal reason for involvement. This is complex, like trespass law in general.
On a related note, there are signs posted on the school near me. School yards are traditionally a public place, like a park, except that for the last hundred years or so there has been a specific regulation here that they aren’t a public place. Except that they still operated as a public space. You aren’t allowed on the school grounds except authorized – or if you have a lawful excuse.
And what’s a lawful excuse? Another complex question, but I think in general it’s any excuse, except an unlawful one (“I was just here to break windows officer!”), except the burden of proof is shifted so that you have to show that you have a lawful excuse.
So I can, of course, walk right through the school (“private” property) during school hours. Except that creates an actual nuisance. And that – particularly after I’ve been explicitly warned – is likely to be a criminal offence.
There is anditional factor, not mentioned by the standard sign: the school is now surrounded by a fence.
A fence is, just by it’s excistance, a marker of a ‘public’ side of the fence and a
‘private’ side of the fence. If it wasn’t for the 'no authorised entry without lawfull excuse" signe, Being inside the fence without invitation might be criminal
I think their is also an exemption for hunters if say they shoot a deer, the deer is wounded, and the deer goes onto an adjacent property that is posted No Trespassing.
I think in that case they have a right to pursue game.
This is only true in a few states, which have statutes expressly authorizing this. Sometimes they also authorize trespass to retrieve dogs or livestock. But, even then, there are usually other limits, such as the hunter/retriever must be unarmed; or, they must leave the property immediately, without their animal, if instructed by the landowner.
In castle law states that may indeed be the case. It’s not an unlimited right/privilege (no shooting someone in the back if they’re leaving/fleeing for example).
In my state if I wake up in the middle of the night (or even the middle of the afternoon) to someone I don’t know “trespassing” in my living room I could probably shoot him with zero penalty. Over the past 20 years we’ve lived in this area several thieves have discovered this, much to their sorrow and/or that of their surviving relatives.
The police do perform an investigation for each instance, and castle law doesn’t always apply, but yeah, if you’re in Indiana and see a sign saying “trespassers will be shot” do take it seriously.
As said above, Texas probably has the most draconian trespass laws in the US. It appears that a trespasser can (technically) be shot if they’re up to some sort of mischief and refuse to leave, but I wouldn’t want to test this in today’s world.
Excerpt from TPC 9.41: [bolding mine]
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property.
TPC 9.42 covers deadly force, and references the above:
*A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means;
*
I’ll leave it to the legal experts to better interpret this. I’m just quoting the statutes. I remember them because we had to cover this in CHL class.
you know it isn’t your property and if you were invited or not.