• Ullallulloo@civilloquy.com
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    6 months ago

    Ohh, my bad. Y’all mean like “given notice”, not like “disturbing the owner”. I read that too fast.

    Common law is still valid in every state in the US (except maybe Louisiana), although obviously statutory law usually overrides it. You’re right that there’s no federal common law since Erie v. Tompkins though.

    And I agree with your analysis of that statute. That is interesting too, since my state, Illinois, does not require explicitly being forbidden by the owner. It’s much more in line with the common law idea of trespassing as simply being going somewhere without authority, express or implied.