National Association of Rural Landowners
 

BEFORE WE GET TO NO TRESPASSING SIGNS
AND TRESPASS LAW

Is government giving you grief?

DO YOU WANT TO STOP
GOVERNMENT IN ITS TRACKS?

Don't contact an attorney unless you want to pay
$250 to $600 per hour and exhaust your savings.
Contact us first and we will analyze your situation and
provide you with courses of action you can take.
We have over 30 years experience
in all kinds of land use issues.
It is quite likely we can help.

To learn more, click HERE.

Or you can order our comprehensive
Rural Landowner Handbook HERE,
a powerful resource for urban and rural landowners
on how to fight government without hiring a lawyer.

National Association of Rural Landowners or (NARLO)
P. O. Box 1031, Issaquah, WA 98027
Telephone: 425 837-5365 or 1 800 682-7848
FAX: (Call 425 837-5365 first)
E-mail address: info@narlo.org

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NOTICES OF LAND USE CODE VIOLATIONS

EVERY DAY, thousands of rural landowners, all across America, are receiving notices of code violations from some government authority. Are you one of those thousands? If you receive a "Notice of Land Use Or Environmental Code Violation" from government, local, state, or federal, DON'T SIT ON IT! Call us first and we can show you how to proceed. It is prudent to respond to these notices within three (3) business days because there are time limits required to preserve any appeal rights you may have.

There are three (3) other ways we can help the rural landowner. Check them out HERE.

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WHAT YOU NEED TO KNOW
BEFORE BUYING A
NO TRESPASSING SIGN

Trespass Law

We have provided more informaton about "WHAT IS TRESPASS" HERE

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It is important to understand that trespass law differs from state to state. However, there are some common similarities in trespass law from state to state.

Some of the information presented here came from a paper delivered to the King County Department of Development and Environmental Services (DDES) by the King County Prosecutor in Washington State, entitled:

“RIGHT OF ENTRY
AND THE LAW OF SEARCH AND SEIZURE IN
CODE ENFORCEMENT CASES AND PERMIT REVIEW”

The paper was designed to provide limits and parameters to DDES on what they can do and where they can go on private property, in providing building permit reviews and entering private property for the purposes of gathering evidence in land use and environmental code violation cases. Although the paper touched on U. S. Constitutional protections, it focused mostly on the Washington State Constitution and Washington statute law. Even so, some of the information provided does carry across state lines and it is up to the reader to determine if a Washington State law that we have shown here, is also the law in their state.

One of the areas covered in the paper was Administrative Search Warrants. In most cases, search warrants can only be issued for probable cause by a judge, in criminal violations. However, some states are now turning what would normally be civil violations of land use or environmental laws into criminal cases, thereby opening the door for a criminal search warrant. Code enforcement officers, armed with a criminal search warrant, can then come on your property and in your home even if you have posted your property with No Trespassing signs.

One of the subjects touched on in the Prosecutor’s paper was the curtilage, or an area around your home and outbuildings where your livelihood takes place. The term is described in the U. S. Legal website as:

Curtilage is the immediate, enclosed area surrounding a house or dwelling. The U.S. Supreme Court noted in United States v. Dunn, 480 U.S. 294 (1987), that curtilage is the area immediately surrounding a residence that ‘harbors the `intimate activity associated with the sanctity of a man's home and the privacies of life.’ Curtilage, like a house, is protected under the fourth amendment from "unreasonable searches and seizures. Determining the boundaries of curtilage is imprecise and subject to controversy. Four of the factors used to determine whether to classify the area as curtilage include:”

1) The distance from the home to the place claimed to be curtilage (the closer the home is, the more likely to be curtilage);
2) Whether the area claimed to be curtilage is included within an enclosure surrounding the home;
3) The nature of use to which the area is put (if it is the site of domestic activities, it is more likely to be a part of the curtilage); and
4) The steps taken by the resident to protect the area from observation by people passing by (shielding from public view will favor finding the portion is curtilage).

However, the prosecutor’s paper states that government agents may enter areas of curtilage, which are impliedly open to the public, such as access routes and walkways to the house with this caveat:

“This rule would not work when confronted by obvious indicia of a property owner’s desire to exclude intruders, SUCH AS NO TRESPASSING SIGNS THAT SPECIFICALLY ADDRESSES GOVERNMENT AGENTS.”

NARLO’s No Trespassing sign specifically defines government agents as being intruders, except for fire or medical emergencies.

Warning – Private Property
NO
TRESPASSING
Without the owner’s express
Verbal or written authorization

This includes any and all government agents,
except in case of a fire or medical emergency.

Nevertheless, keep in mind that a police officer may come on your property at any time, if the officer is investigating criminal activity. If however, the officer wants to come into your home, or an area determined to be the curtilage, the officer must have a warrant in hand, signed by a judge, specifically indicating the probable cause of criminal activity and the area to be searched. The NARLO No Trespassing sign states this fact in powerful, legally intimidating terms.

The paper indicated that open fields are fair game to any government agent or law enforcement officer, if the fields are not posted with No Trespassing signs. A No Trespassing sign that specifically excludes government agents, as NARLO's No Trespassing sign does, is considerably more powerful than just a sign that says "No Trespassing."

Another area covered by the Prosecutor’s paper is the issue of obtaining evidence by code enforcement agents, or police or sheriff officers. In Washington state there is an Exclusionary Rule which states:

“The judicial remedy for evidence that has been obtained in violation of the State Constitution is suppression. If evidence of a code violation is illegally obtained, it will be deemed inadmissible in both administrative proceedings, or courts of law. If an item of evidence is suppressed, all evidence that was discovered subsequently and as a result of the illegal search, is also subject to suppression.”

What this means is, if it is determined that a government agent came on your property when the property is clearly posted with a No Trespassing sign that excludes government agents, any evidence gathered can be rendered inadmissible in administrative proceedings, or in a court of law. This could very well be the law in your state.


NARLO's
one-of-a-kind
Rural Landowner
Handbook
Is now available
To learn more
Click on the image

Rural Landowner Handbook

If you hope to protect yourself against government abuse, no rural landowner should be without this vital resource.

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We Offer

ONE OF THE
Most Powerful,
Legally
Intimidating
No
Trespassing
Signs on the
Planet

NARLO offers one of the most powerful, legally intimidating No Trespassing signs on the planet. Thousands of these huge 18" x 24" aluminum signs have been installed on urban and rural land all over America and they have proven to be a significant deterrent against trespass by government agents and other would-be intruders. Determine for yourself by clicking on the image below. No Trespassing Sign

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We give passionate, information-rich speeches to groups and conferences. Click on the image.

Ron Ewart Speaking

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Join/Donate

We can continue to fight for rural landowners with your generous contribution. Please consider contributing $10, $20, $30, $40, $50, $100, $250 or $500, or whatever you can afford. Your financial support helps to give us the resources we need to succeed. Remember, we do not have any big donors or funders. We are funded by YOU! Click on the image Donate

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LANDOWNERS!

Are you being beat up by government from land use code violations, draconian new environmental laws or being threatened with eminent domain, we can help. Check out the "NARLO Offense" by clicking on the image.

NARLO Offense

A Video on the clear distinction between liberalism and conservatism

LIBERALISM vs. CONSERVATISM



 

© Copyright January 2007 - 2013 by the National Association of Rural Landowners - All rights reserved.