[Vision2020] Wilson's complaint (was: Property tax cut?)

[Tom Hansen]

Thank you, Mr. Carscalllen.

Although this topic has been discussed in depth before, I am glad you
brought it up.

Clearly there is no evidence of a trespass by any of the four individuals
mentioned in Wilson's complaint.

The requisite for there to be a trespass is clearly stated within Title 10
which you posted.  That being:

" . . . structures belonging to or lawfully occupied by another and not open
to the general public . . . "

This qualification does not concern itself with public walkways, as earlier
discussed on V2020.

Tom Hansen
Moscow, Idaho

"Life should NOT be a journey to the grave with the intention of arriving
safely in an attractive and well preserved body, but rather to skid in
sideways, chocolate in one hand, a drink in the other, body thoroughly used
up, totally worn out and screaming 'WOO HOO. What a ride!'"


-----Original Message-----
From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Dan Carscallen
Sent: Tuesday, July 25, 2006 11:36 AM
To: vision2020 at moscow.com
Subject: Re: [Vision2020] Wilson's complaint (was: Property tax cut?)

Mark says, in part:
" . . .I don't know if there are laws specific to trespass within city
limits."

With some more research on my part (and a little help) I found this gem,
which seems to follow pretty closely to what Mark described Idaho Code
as saying:

Title 10, Sec. 1-15. Trespass.

Every person who willfully commits any trespass upon the property of
another person shall be guilty of a misdemeanor. Acts of trespass shall
include the following:

A. Entering real property, or driving vehicle (as defined by Idaho Code
§49-123(2)) upon, belonging to or lawfully occupied by another and known
not to be open to the general public, without the consent of the owner,
his agent, or the person in lawful possession thereof.

B. Refusing or failing to leave land, real property, or structures
belonging to or lawfully occupied by another and not open to the general
public, upon being or the owner, his agent, or person in lawful
possession thereof.

C. Entering or remaining upon any real property after first being
notified in writing by the owner of such real property or the owner’s
authorized agent, as follows:
1. The named person shall not enter upon the described real property;
2. The reason(s) for which the owner of the real property or the owner’s
authorized agent is providing notice to the named person; and
3. The period of time during which the named person shall not enter upon
the real property.

D. Any person who enters any vehicle (as defined by Idaho Code Section
49-123(2)), whether locked or unlocked, whether public or private,
without the permission of the owner or person entitled to possession or
in control thereof.

E. Any person who lodges in any building structure, vehicle, or place,
whether public or private, without the permission of the owner or person
entitled to the possession or control thereof.

Anyhow, that's what the code says,

DC



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