Editing Property Dukeminier/Outline
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==Right to Exclude (p. 37)== | ==Right to Exclude (p. 37)== | ||
Jacque v. Steenberg Homes, Inc. (WI, 1997) – When nominal damages are awarded for an intentional trespass to land, punitive damages may, in the discretion of the jury, be awarded. Jacques = a couple. Jacques’ neighbor ordered a mobile home, easiest path to deliver was across Jacques’ land. Jacques protested to this method, Steenberg plowed a path through the snow and drove mobile home across Jacques’ land to deliver the trailer anyway. Jacques sued and won $1 in nominal damages, and jury awarded $100K in punitive damages. Circuit court set aside $100K punitive damages. Court of appeals affirmed, saying “award of nominal damages will not sustain a punitive damage award.” WI Supreme court reverses here. Reasoning: Individuals have a legal right to exclude others from private property. Such a right is hollow if legal system does not provide sufficient means to protect it. Nominal damages award of $1 is not sufficient to protect the right to exclude—Steenberg could easily decide that it is more profitable to flaunt the right and pay the $1 than to respect the right of the Jacques. Society’s interest extends past protecting individual rights of landowners—society has interest in preserving integrity of legal system. Landowners should have confidence that when their rights are violated, violators will be appropriately punished. If they feel as such, they will be less likely to resort to self-help/vigilante justice. Therefore, both private landowner and society have much more than a nominal interest in excluding others from private land (and punitive damages are therefore appropriate even when nominal damages are awarded).State v. Shack (NJ, 1971) – Tedesco = landowner/farmer. 2 defendants, Tejeras and Shack. Tejeras is field worker for federal organization created to aid migrant farmworkers by, among other things, providing health services. Shack was member of federal organization created to provide legal services to migrant farmworkers. Defendants entered Tedesco’s property and asked to speak to a worker regarding health and legal services. Tedesco said okay, but I have to be present for all of that. Defendants said no, we can speak to the worker in private, my G. Tedesco called state troopers who in turn refused to remove defendants unless Tedesco wrote a formal complaint that they were trespassing. Tedesco filled out the complaint, thus bringing this case to the court. Ownership of real property does not include the right to bar access to governmental services available to migrant workers and hence there was no trespass within the meaning given to the term by the State trespass statute. A person’s right in real property is not absolute. Common law maxim is that one should use his property so as not to injure the rights of others. Rights are relative, and there must be an accommodation when they meet. THEREFORE necessity, whether private or public, may justify entry upon the lands of another. There is no legitimate need for the farmer to deny the opportunity for aid available from federal, State, or local services, or from recognized charitable groups seeking to assist him. Hence, representatives of these agencies may enter the premises to seek the worker out in his living quarters. Worker must be allowed to receive visitors of his own choice so long as there is no behavior that is hurtful to others. Members of the press may not be denied reasonable access to workers who do not object to seeing them. On the other hand, farmer has right to make visitors identify themselves in order to keep himself and his workers secure. Farmer may not, however, deny workers’ privacy. PRIVACY RIGHTS AND THE RIGHT TO LIVE WITH DIGNITY ARE TOO IMPORTANT TO SOCIETY TO BE OVERRIDDEN BY INTEREST IN REAL PROPERTY. | |||
===Civil vs. Criminal Trespass (p. 42)=== | ===Civil vs. Criminal Trespass (p. 42)=== | ||
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Criminal Trespass – Trespass is criminal when the defendant enters another’s land knowing that he lacks the privilege to do so or if the defendant refuses to leave another’s land after being asked to do so. | Criminal Trespass – Trespass is criminal when the defendant enters another’s land knowing that he lacks the privilege to do so or if the defendant refuses to leave another’s land after being asked to do so. | ||
==Property in One’s Person (p. 62)== | ==Property in One’s Person (p. 62)== | ||