A law student said there was a legal distinction, (My first thought is that it can not be true.) seeing is believing, he is right, so post your property correctly to keep the 2 legged pests off your land.
(Trespass = People) (Trespassing =Livestock) Â So essentially you could own a large ranch and let people cross but bar herds of livestock.
Basically he said that this is a usage of words that the government can play as an ace up their sleeve to draw if they ever get charged with “trespassing“. Â The court will rule against the non-government complaint and never say why. Â Even if appealed all the way to the Supreme court the guy will lose because he posted “NO TRESPASSING” instead of “NO TRESPASS”.
Of course the judges will still rule against other individuals but the ace is pulled only when needed to protect their own. Â Â Â Â There is legal power in words! Â So just blot out the “ing” to stop those pesky two legged varmints.
I got on the Internet and could not find one correct “NO Trespass” sign, all were “Trespassing”.
Some say No Trespassing = you are on the land and are now told not to do it again, but No Trespass = do not come on the land in the first place.
Below you will see that the legislative body makes a distinction.
Nebraska, Â Section 28-521
Revised Statutes Â Â Â Chapter 28
Criminal trespass, second degree; penalty.
(1) A person commits second degree criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(a) Actual communication to the actor; or
(b) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(c) Fencing or other enclosure manifestly designed to exclude intruders.
(2) Second degree criminal trespass is a Class III misdemeanor, except as provided for in subsection
(3) of this section.
(3) Second degree criminal trespass is a Class II misdemeanor if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person.
Laws 1977, LB 38, Â§ 120.
Nebraska, Section 54-403
Revised Statutes Â Â Â Chapter 54
Trespassing animals; distraint; notice.
When any such stock is found upon the lands of another, it is lawful for the owner or person in possession of such lands to impound such stock. If the owner of the stock can be found, and is known to the distrainor, it is the duty of the distrainor to notify the owner by leaving a written notice at his or her usual place of residence with some member of the family over the age of fourteen or, in the absence of such person, by posting on the door of such residence a copy of the notice of the distraint of the stock, describing it, and stating the amount of damages claimed and the name of the arbitrator. The notice shall also require the owner within forty-eight hours after receiving such notice to take the stock away,
after making full payment of all damages and costs to the satisfaction of the distrainor of trespassing animals. The notice may be in the following form:
You are hereby notified that on this …………… day of ………….. 20…., your stock, of which I now have in my possession …………… (here describe the animal or animals) did trespass upon my land, and damage it to the amount of …………… . You are required to pay the above charges within forty-eight hours from the delivery of this notice or the stock will be sold as provided by law. I have appointed …………… to act as arbitrator should you not feel satisfied with the amount of damages claimed in the within notice.
No claim for damages shall be maintained by the distrainor without the notice contemplated in this section having been given when the owner is known by the distrainor of such stock.
Laws 1871, Â§ 3, p. 120;
Remember if you want to stay out of the corporate world put up signs that read “NO TRESPASS, KEEP OUT, KEEP OFF, non-statutory”. Â The sheriff will enforce non-statutory rights and liberties to private lands. Â Statutory brings in the corporate police and their equity courts, which are more of a crucifixion court. Â And if you have “nons-” up do not go to a statutory court to enforce it!
One can make their own sign of NO TRESPASS, and put some type of wording as to Common Law enforcement to stay clear of a presumption of alliance on the USA government.Â Because in all reality statutory (written law) is for only land governed by proprietary ownership by the USA, which your private property most likely is not.