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

[Mark Solomon]

The key phrase is " and known not to be open to 
the general public". This has generally been 
interpreted to mean the pathway/driveway that 
leads to a house, not just public sidewalks.

Mark

At 11:47 AM -0700 7/25/06, Tom Hansen wrote:
>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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