“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 those 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 landowners’ 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 in that state. Granted, there are dif ferences between states, but in general the laws of trespass hold Machine Work * , Welding & (Br Farm Supplies Hardware p | CUSTOM BUILT WOOD & H COAL FIRED BOILERS ■ • Welders & cutting torches g • Custom made farm gates, etc. " • Custom built high pressure washers ■ • Stainless steel, aluminum and spot B welding. • UPS Service | HIGH TENSILE WIRE FENCING ■ PLATE SHEARING AND PRESS BRAKE WORK D.S. MACHINE SHOP DAVID E. STOLTZFUS 3816 E. Newport Road | Gordonville, PA 17529 am 1 Mile East of Intercourse on Rt 772 ■ ■■■■■■■■■■■■■■l Farm Talk Jerry Webb Delaware Extension up throughout the country. Barrie Stokes, author of the article, says most state laws say a landowner may not willfully or wantonly injure a trespasser. However, as a general rule, the landowners owes only a slight duty of care toward a trespasser. 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 in that state, for example, have refused to impose liability for the drowning of a trespasser in an unguarded ex cavation 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 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 SANDBLASTING AND SPRAY PAINTING Aerial WMSM Ladder • \ ™ Equipment • Farm Buildings Feed Mills Commercial- , VtA* Industrial amm \W| Repointing WKSyHIjJ Interior/Exterior HENRY K. FISHER INC. 667 Hartman Station Rd. Lancaster, PA 393-6530 clear? In that case, Stokes thinks the farmer would be well advised to call law enforcement authorities for assistance, because any threatening act that might include deadly force could be turned against the farmer in court. 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. Stokes says the law recognizes that a child who goes on land without legal rights or per mission is a trespasser. But because that person is a child can’t be expected to exercise the care of an adult. So the law imposes liability on the landowner for in jury to a trespassing child resulting from a dangerous con dition 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 rules 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 I'M NOT L10N... The Classified Livestock Section Has Beastly Selections! Lancaster Farming, Saturday, June 23,1984-831 if the landowners warns neighbor children and their parents to stay away from the pond. But merely posting a no trespassing sign probably does not constitute adequate warming, according to the expert. When it gets 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 an un welcome hunter just because he wandered past a no trespassing sign is probably in trouble. There was a very 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; The invader was sub sequently injured and sued the property owner. In that naca the courts ruTedTh favor of the injured party even though be was in the act of committing a crime because of the unnecessary force involved. It was the court’s judgement that the intruder was not harming a per son, 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 SOYBEAN MASTING ON YOUR FARM Roast Your Barley, Wheat & Oats Lower your feed costs by feeding your own >ins. Roasting your grains will increase ity and remove moisture. Flat bitter turn to sweet pleasant flavors. Feed Heifers, Dairy Cows and Horses. ALLEN SUMMERS GRAIN ROASTING DAVID N. GROFF RD X RD 2. Box 91 RD 1 Box 506 C Nottingham, Pa. 19362 Enon Valley, PA 16120 Lewisburg, Pa. 17837 215-932-4761 412-336-5443 717-966-3593 ALL MODELS IN STOCK Tractor-Trailer Load Just Arrived See and compare all the Troy-Bilt' Tiller Models at: JFjj\ HtMingyi'6 J Lam & Garden Equipment. 9kc TWO CONVENIENT LOCATIONS: 1755 W Mam St. 1515 East Chocolate Ave. Ephrata, PA 17522 Hershey. PA 17033 Located on Route 322 Phone (717) 533-4060 . Phone (717) 738-1131 neighborliness has left rural America as farms get larger and more businesslike. But 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. Maryland market list available to growers Maryland fruit and vegetable growers may be interested in a list of over 36 regularly scheduled farmers markets operating in their state. The markets are listed by county, and detail their locations, dates and hours and gives the name and telephone number of the contact person for each market so that prospective sellers can learn further of the market fees and regulations. If you are a farmer or gardener and would like a copy of the 1964 Farmer’s Market List, send a self addressed, stamped, business size envelope to: Market List, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401. MITT WASTE IT-ROAST IT CUSTOM GRAIN ROASTING DONE IN PA AND SURROUNDING STATES OR OWN YOUR OWN ROAST-A-MATIC GRAIN ROASTER. DALE L. 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Significant historical Pennsylvania newspapers