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Where does my private property end?

Sidearm.40

Regular Member
Joined
Jul 22, 2009
Messages
18
Location
Eau Claire, Wisconsin, USA
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!!
 

gollbladder13

Regular Member
Joined
Jul 17, 2009
Messages
239
Location
No gun zone, Wisconsin, USA
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...
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
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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.
 

J.Gleason

Banned
Joined
May 1, 2009
Messages
3,481
Location
Chilton, Wisconsin, USA
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?
 

ROOK_WI

Regular Member
Joined
May 29, 2009
Messages
131
Location
Franklin, Wisconsin, USA
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.
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
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/wbardwel/public/nfalist/gun_free_school_zones.txt
 

bnhcomputing

Founder's Club Member
Joined
Dec 13, 2007
Messages
1,709
Location
Wisconsin, USA
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.
 

Sidearm.40

Regular Member
Joined
Jul 22, 2009
Messages
18
Location
Eau Claire, Wisconsin, USA
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 :D I figured if any group could confirm what I thought was right it would be you guys!!
 

Hillmann

Regular Member
Joined
Jun 30, 2009
Messages
271
Location
Cameron, Wisconsin, USA
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
 
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