Rights to Exclude

Question 1

Trespass

Answer 1

Intentional unlawful entry onto the property of another

Question 2

Jacque v. Steenberg

Answer 2

Punitive Damages of $100k

Steenberg crossed over Jacque’s land, even tho Jacque objected. Only way to get mobile home to buyer because road blocked by snow

Question 3

What is liability for trespass? Why?

Jacque v. Steenberg

Answer 3

Strict Liability!!!!!!!!!

• Society has an interest in punishing and deterring intentional trespassers from coming onto other peoples’ land
• Society also has an interest in preserving integrity in the legal system and preserving the right for owners to keep people off their property
• Society in general should discourage self-help – people should know that if you are a trespasser, you should be punished

Question 4

Why punitive damages if no damage to land?

Jacque v. Steenberg

Answer 4

The right to property is absolute

Question 5

State v. Shack

Answer 5

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

Question 6

How is Shack different from Steenberg?

Answer 6

Steenberg:
Property rights are absolute.

Shack:
Property rights are not absolute

Question 7

Why did the Court hold this way?

State v. Shack

Answer 7

Property rights serve human values

Title to real property cannot include dominion over the destiny of anyone the owner permits to come upon his property

The well-being of these people is a concern of a system of law.

Question 8

What is the holding an example of?

State v. Shack

Answer 8

Clear congressional restriction on property owners’ rights.