Results 1 to 14 of 14

Thread: Where does my private property end?

  1. #1
    Regular Member
    Join Date
    Jul 2009
    Location
    Eau Claire, Wisconsin, USA
    Posts
    18

    Post imported post

    My house is within 1000 ft of a school zone (it's right across the street from my home). While I understand that I can carry on my private property; my question is where does "private property" stop and "public property" begin? Am I considered "on public property" when a step onto the area between the sidewalk and the street, or does my "private property" exclusion extend to the street? Just not wanting to get arrested and cited for carrying while mowing my lawn!!

  2. #2
    Regular Member
    Join Date
    Jul 2009
    Location
    No gun zone, Wisconsin, USA
    Posts
    239

    Post imported post

    IANAL, but during a political debate I heard on the radio (I think it was 620, IIRC), the property laws regarding posting political signs were touched on because of somebody posting a sign the city ordered him to take down.

    From what I remember, your property extends to the sidewalk. The stretch between the sidewalk in the street is your responsibility to care (shovel snow, cut grass, etc), but is considered public property, therefore you have no rights to post political signs there, and I would imagine this translates also to guns.

    Just my 2 cents...

  3. #3
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,197

    Post imported post

    It depends on your jurisdiction and its platting.

    In some places one owns to the property line and pays for and maintains the sidewalk and curb and enjoys reduced tort liability. In other jurisdictions, mine, one owns to the property line but suffers an easement for the public right of way and has no liability for torts there upon.

    I do not believe that the government should 'own' any property.

    Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth.

  4. #4
    Regular Member
    Join Date
    Dec 2008
    Location
    The Northwoods, lakeland area, Wisconsin, USA
    Posts
    2,173

    Post imported post

    This question shows just how stupid and how little thought went into the process of draftingthe 1,000' school exclusion rule.

  5. #5
    Banned
    Join Date
    May 2009
    Location
    Chilton, Wisconsin, USA
    Posts
    3,481

    Post imported post

    Doug Huffman wrote:
    It depends on your jurisdiction and its platting.

    In some places one owns to the property line and pays for and maintains the sidewalk and curb and enjoys reduced tort liability. In other jurisdictions, mine, one owns to the property line but suffers an easement for the public right of way and has no liability for torts there upon.

    I do not believe that the government should 'own' any property.

    Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth.
    Doug, can they make you take the sign down legally even if it is on the easement or is that a violation of free speech?

  6. #6
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,197

    Post imported post

    Signs on public property and including the right of way, easement or not, are prohibited in some jurisdictions.

    We know that the tyrant would like to control what is signed on private property.

  7. #7
    Regular Member ROOK_WI's Avatar
    Join Date
    May 2009
    Location
    Franklin, Wisconsin, USA
    Posts
    131

    Post imported post

    Sidearm.40 wrote:
    My house is within 1000 ft of a school zone (it's right across the street from my home). While I understand that I can carry on my private property; my question is where does "private property" stop and "public property" begin? Am I considered "on public property" when a step onto the area between the sidewalk and the street, or does my "private property" exclusion extend to the street? Just not wanting to get arrested and cited for carrying while mowing my lawn!!

    Have a plat survey done of your property - I had towhenI had a fence put up. I know exactly what is mine, and what is property of the city that I mow and make believe is mine.

    The little orange flags leave no grey area of what is yours.

  8. #8
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    16,850

    Post imported post

    Nutczak wrote:
    SNIP...shows just how stupid and how little thought went into the process of draftingthe 1,000' school exclusion rule.
    The error lies in thinking it was drafted as a legitimate law at all.

    Read the legislative intent, finding, pre-amble. It is completely bogus, which immediately tells you it wasn't drafted for legitimate concerns or with anything in mind but the underlying purpose of the panderers and despots.

    http://www.cs.cmu.edu/afs/cs/usr/wba...hool_zones.txt




    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. (Because that is the only way freedom can work. We have to respect all rights, all the time--for each other and everybody else--and strive to win the rights of the other guy as much as for ourselves.)

    Equality and consent of the governed: We're all equal. How can another legitimately govern me without my express consent?

  9. #9
    Banned
    Join Date
    May 2009
    Location
    Chilton, Wisconsin, USA
    Posts
    3,481

    Post imported post

    Sidearm.40 wrote:
    my question is where does "private property" stop and "public property" begin?

    OMG, I just can't resist!..........At the edge!

  10. #10
    Regular Member
    Join Date
    Jul 2009
    Location
    Eau Claire, Wisconsin, USA
    Posts
    18

    Post imported post

    J.Gleason wrote:
    Sidearm.40 wrote:*
    my question is where does "private property" stop and "public property" begin?

    OMG, I just can't resist!..........At the edge!
    Yeah, but which edge??:P:P

  11. #11
    Founder's Club Member bnhcomputing's Avatar
    Join Date
    Dec 2007
    Location
    Wisconsin, USA
    Posts
    1,699

    Post imported post

    The SAFEST bet is to consider the sidewalk as "public" and everything from the sidewalk to the road inclusive is public.

    That may not be the case, but if you go on that, you WILL BE SAFE.

    So up to but not including the sidewalk or alley way.

  12. #12
    Regular Member
    Join Date
    Jul 2009
    Location
    Eau Claire, Wisconsin, USA
    Posts
    18

    Post imported post

    bnhcomputing wrote:
    The SAFEST bet is to consider the sidewalk as "public" and everything from the sidewalk to the road inclusive is public.

    That may not be the case, but if you go on that, you WILL BE SAFE.

    So up to but not including the sidewalk or alley way.
    That's how I've been treating it. If I am going to be on or past the sidewalk I leave my weapon in the house and retrieve it after I get back into the house.

    Thanks, everyone who replied...including Mr. Smart*** Gleason I figured if any group could confirm what I thought was right it would be you guys!!

  13. #13
    Regular Member
    Join Date
    Jun 2009
    Location
    Cameron, Wisconsin, USA
    Posts
    271

    Post imported post

    In some areas the entire front yard is concidered public, I can't rember what city it was but earlyer this summer or spring it made the news that some city was raising money by giving parking tickets to people parked in there own driveways because it is concidered public property all the way back to the set back (how close to the road you are allowed to build). I don't think it was in Wisconsin but it just goes to show poloticians do whatever they wan't regardless of law and common sence

  14. #14
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    16,850

    Post imported post

    Sidearm.40 wrote:
    J.Gleason wrote:
    Sidearm.40 wrote:
    my question is where does "private property" stop and "public property" begin?

    OMG, I just can't resist!..........At the edge!
    Yeah, but which edge??:P:P
    The one you don't want to go over.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. (Because that is the only way freedom can work. We have to respect all rights, all the time--for each other and everybody else--and strive to win the rights of the other guy as much as for ourselves.)

    Equality and consent of the governed: We're all equal. How can another legitimately govern me without my express consent?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •