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  1. #1
    DreamDancer is offline Junior Member
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    No Trespassing Signs?

    What is the name of your state (only U.S. law)? Illinois
    The Sheriff came to our small lake village to talk about the Neighborhood Watch Program. Numerous people here have had problems with people coming on their property. The problems stem from fishing mostly. When asked, the Sheriff said that unless a homeowner has "No Trespassing" signs, the person coming on the property is not trespassing. There is nothing in the Ordinances that allow people to cross into others property. All banks are deemed private out to 4' into the water by Ordinance.

    Is what the Sheriff said true? Do I have to put up No Trespassing signs in order to legally keep people off my property?
  2. #2
    xylene is offline Senior Member
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    Spend 20 dollars putting up ugly eyesores to get your idiot sheriff off his behind.
  3. #3
    Free_Advice is offline Member
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    A person does not commit a trespass unless the person knows they are not welcome. So, yes, the sheriff was correct. Its either a) signage or b) a notice of trespass letter usually
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by Free_Advice View Post
    A person does not commit a trespass unless the person knows they are not welcome.
    Please provide some sort of back-up for this statement.
  5. #5
    Free_Advice is offline Member
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    Quote Originally Posted by Zigner View Post
    Please provide some sort of back-up for this statement.
    Back-up? Its common knowledge.
  6. #6
    Zigner is offline Senior Member
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    Quote Originally Posted by Free_Advice View Post
    Back-up? Its common knowledge.
    You made a statement...one that I believe may very well be wrong from a legal standpoint. Please provide something to back up your statement. If your entire basis for the statement is "common knowledge", then I will simply assume that you are wrong. If you CONTINUE without backing up your statement, it will show that you are intentionally providing false information.

    ETA: To be fair, your statement is partially correct, and I'm giving you the opportunity to clarify
    Last edited by Zigner; 10-18-2011 at 04:08 PM.
  7. #7
    OHRoadwarrior is offline Senior Member
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    Got yer back FA.

    [url=http://ilga.gov/legislation/ilcs/documents/072000050K21-3.htm]720 ILCS 5/21‑3[/url]

    (720 ILCS 5/21‑3) (from Ch. 38, par. 21‑3)
    (Text of Section from P.A. 97‑184)
    Sec. 21‑3. Criminal trespass to real property.
    (a) Except as provided in subsection (a‑5), whoever:
    (1) knowingly and without lawful authority enters or

    remains within or on a building; or
    (2) enters upon the land of another, after receiving,

    prior to such entry, notice from the owner or occupant that such entry is forbidden; or
    (3) remains upon the land of another, after receiving

    notice from the owner or occupant to depart; or

    (3.5) presents false documents or falsely represents

    his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;
    commits a Class B misdemeanor.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    Got yer back FA.

    [url=http://ilga.gov/legislation/ilcs/documents/072000050K21-3.htm]720 ILCS 5/21‑3[/url]
    Thanks for defining criminal trespass
  9. #9
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Thanks for defining criminal trespass
    In IL, if it is intentional, it is criminal. Hence the posting of signs.
  10. #10
    Zigner is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    In IL, if it is intentional, it is criminal. Hence the posting of signs.
    You're missing the point.
  11. #11
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    You're missing the point.
    (Scratches head) Obviously.
  12. #12
    Zigner is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    (Scratches head) Obviously.
    There is more than one type of trespass. I will grant this this does not seem to rise to the level of criminal trespass. But I'm not so sure that it wouldn't rise to the level of civil trespass. I was simply giving FA a chance to clarify his overly-broad statement.
  13. #13
    OHRoadwarrior is offline Senior Member
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    OK. I knew there was civil trespass, I just thought we were only talking about criminal.
  14. #14
    JustAPal00 is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    OK. I knew there was civil trespass, I just thought we were only talking about criminal.
    Yeah, wouldn't there have to be some kind of loss by the OP in order for there to be a civil tresspass suit? What the OP asked would best be handled by creating a criminal tresspass situation!
  15. #15
    Zigner is offline Senior Member
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    Quote Originally Posted by JustAPal00 View Post
    Yeah, wouldn't there have to be some kind of loss by the OP in order for there to be a civil tresspass suit? What the OP asked would best be handled by creating a criminal tresspass situation!
    Fair enough

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