Trespassers

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Shared by: mrdildine
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TRESPASSERS RIGHT TO INCLUDE, RIGHT TO EXCLUDE To have trespass, only need to have intent to be on property of another. GENERAL RULE: Land owners can exclude people for no reason. Jacque v. Steinberg Homes: Plaintiff refused to let mobile home company cross his field to make delivery; right of exclusion without explanation is crucial to ownership. Plaintiff recovers even though there was no real damage to his land. EXCEPTION: Land occupier does not have unlimited right to exclude when may jeopardize basic right of employee on land. (Ex. entrance of government workers, police, and ambulance). State v. Shack: Farm owner refused access to government agents, assigned to bring legal and medical aid to farm workers; for reason of necessity, private or public, trespassing onto land of another may be required.

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