Limitations on Property Rights

Question 1

Jacque v. Steenberg

Answer 1

Trespass is absolute strict liability.

Steenberg asked Jacque to cross his land. Jacque said no but Steenberg did it anyway.

Court socked Steenberg with major damages - shows that they want to stop people from trespassing as much as possible

Question 2

State v. Shack

Answer 2

Court rejected the rule that a landowner’s property rights are absolute

Rule: The ownership of real property does not include the right to bar access to governmental services available to migrant workers

Question 3

Trespass

Answer 3

any entry onto land by non-owners that is intentional and without the permission of the owner