BB—Lancaster Farming, Saturday, April 25,1981 “No Trespassing" not a very friendly expression but one that more and more farmers are being forced to use All along the rural routes these days, you see tnose signs nailed on trees and fence posts bearing such messages as no trespassing, posted, no hunting or trespassing, no admittance, and so on. Whatever the wording, the signs are there to remind folks that landowners have certain rights The signs are part of the lan downers’ legal way of protecting those rights Across the land, courts have ruled that property owners have the right to defend their property. Part of that defense is to tell people they’re not welcome. The courts have also ruled that because a farm is posted doesn’t mean the landowner has the right to shoot trespassers or otherwise exhibit “excessive force ” They have clearly said that farmers have the right to protect their property from outsiders But there are some rules farmers must follow in their dealings with invaders or potential invaders A recent North Carolina ex tension publication deals with the general subject of law and the landowner, listing some rules and regulations as they apply to that state Granted, there are dif- Berks holds successful tree sale LEESPORT - The Berks County Conservation District completed another successful tree seedling sale, reports Jean Bar tow, secretary This year’s sales totaled 175,000 seedlings, with 78 individual orders accounting for 110,000 seedlings. Several civic groups purchased seedlings to donate to area schools The trees were picked up yesterday. 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What that means is that a landowner doesn’t have to keep his premises safe for a would-be trespasser or provide warnings about dangerous conditions the trespasser might encounter Courts m that state, for example, have refused to impose Lability for the drowning of a trespasser in an RDTEC In that case, Stokes thinks the farmer would be well advised to call law enforcement authorities f for assistance, because any threatening act that might include deadly force could be turned against the farmer in court Stokes says the law recognizes that a child who goes on land without legal right or permission is The in FLEXIBILITY Denlmger truss construction can be used for poultry houses, equipment garages, utility buildings you name it Choose a standard design, or have us draw up a custom plan. Either way, you get a totally engi neered building with high load-bear ing strength and generous open area (thanks to the self-supporting roof). Paradise, PA 17562 • Phone 717/768-8244 We can supply all your building needs! unguarded excavation pit They also disallowed an injury claim sustained by a trespassing motorcycle rider who drove at high speed into a cable stretched across a farmer’s driveway. In that case, the court said the landowner did not act willfully and wantonly when he installed the cable to prevent trespassing. Stokes believes the key point in the eviction of a trespasser is whether the amount of force used was or was not excessive. In general, the use of deadly force may be justified to repel an attack upon the landowner’s person but would not be justified to evict a trespasser causing no serious harm to trespasser or property What about the trespasser who refuses to leave the premises after the farmer has made his intentions clear 9 A doctrine called “attractive nuisance” is a long-standing ex ception to the rule that landowners owe trespassers only the duty to refrain from actively harming them. enlinqer Difference FARM BUILDINGS It gives you three big pluses: a trespasser But because that person is a child, he can’t be ex pected to exercise the care of an adult So the law imposes liability on the landowner for injury to a trespassing child resulting from a dangerous condition on the property The “attractive nuisance” doctrine usually involves only very young children who, according to Stokes, cannot comprehend an apparent danger. And, he says, the landowner would probably be held liable only if it is not economically feasible to prevent access to the condition or to render it safe without frustrating the purpose for which it was intended. North Carolina courts have ruled that natural bodies of water such as streams and brooks do not constitute attractive nuisances Even an unenclosed irrigation pond is not an attractive nuisance if the landowner warns neighbor children and their parents to stay away from the pond. But merely posting a no trespassing sign probably does not constitute adequate warning, according to the expert. When it gets right down to it, dealing with trespassers involves common sense and good judgment. The courts aren’t apt to rule against a farmer who has used reasonable care and has tried to keep his property safe. On the other hand, the farmer who shoots LOWER COST Denlmger wood truss buildings offer big savings. Our pre-engineered components reduce construction man-hours, require less skilled labor, eliminate material waste and pro vide a finished structure in days. What is the Denlin It’s a combination of tradition, technology, precision and service that sets us apart from the competition And it's why we should play a major role in your next building project We’ll keep your costs down on the farm 1 an unwelcome hunter just because he wandered past a no trespassing sign is probably m trouble. There was a famous case a few years back in the midwest where an unoccupied rural residence was robbed several times. The owner allegedly rigged a shotgun to fire when the door was opened. An invader was subsequently injured and sued the property owner. In that case, the courts ruled in favor of the injured party even though he was in the act of com mitting a crime because of the unnecessary force involved. It was the court’s judgment that the in truder was not harming a person, and therefore deadly force was not justifiable. More and more farmers seem to be posting their property as a means of discouraging trespassers and avoiding some of the problems brought on by unwelcome guests That may mean some of the neighborhness has left rural America as farmers get larger and more businesslike. On the other hand, there are still plenty of farm people who like company, who welcome visitors and who don’t mind someone hunting on their property with proper permission Rural America isn’t closed to city folks It’s just that farmers are being a little more careful about who is welcomed and who isn’t. Denlmger will work with the builder you select, or help you coordinate the entire project from plans to com pletion, the choice is yours. Either way, v/e go all-out to simplify con struction and give you the building you need on schedule er Difference? SERVICE l/IC.
Significant historical Pennsylvania newspapers