Posted on 09/21/2022 5:49:59 PM PDT by nickcarraway
Thanks for the link. It’s their property. Tough s**t to the trespassers. They should have a pilgrimage to another area with waterfalls. Have the falls there self identify as Mossbrae falls , and that’s all they get.
Is the waterfall itself on the privately held land? Believe it or not, common law holds that it is NOT trespassing to cross private land to go somewhere else, providing you in no way diminish the landowner’s own use of the land. California legislation clarified the supremacy of this common law, at least in respect to beach access; my state has long previously recognized that common law for any woould-be trespass.
The U.S. Constitution only enumerated very few elements of common law, but did clarify that the merely partial enumeration of common law did not overturn its existence: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
I Am.
Me, too, oddly enough.
I’m glad I’m not the only one who thinks BFD.
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