Interceptor_Knight
Regular Member
imported post
For further clarification regarding sidewalks and GFSZs and as a continuation of this... http://opencarry.mywowbb.com/forum57/26377-4.html
thread, here is what I have uncovered......
The sidewalk is not your private property just as a road is not your private property even if you own the land on both sides of it.. For first amendment rights, a sidewalk is considered property in teh public trust and not private property.
There are two types of property ownership recognized by law, jus privatum and jus publicum. Everybody’s familiar with jus privatum, also known as fee simple ownership. It means that you have title to a parcel of property, which confers upon you certain rights with respect to that property. Historically, private property rights have been defined as:
The right to control the use of your property.
The right to the benefits that accrue from your property.
The right to sell or transfer your property.
The right to exclude others from access to your property.
On the other hand, few people are familiar with jus publicum, also known as the public trust. Jus publicum ownership is always vested in the state, never in a private party. Unlike jus privatum, jus publicum is not transferrable. [red]Furthermore, in any case where jus publicum can be established, it overrides jus privatum. Therein lies the rub. That enables the state to use jus publicum to abrogate your private property rights, without your consent and without compensation, in any situation where jus publicum can be established[/red]
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For further clarification regarding sidewalks and GFSZs and as a continuation of this... http://opencarry.mywowbb.com/forum57/26377-4.html
thread, here is what I have uncovered......
The sidewalk is not your private property just as a road is not your private property even if you own the land on both sides of it.. For first amendment rights, a sidewalk is considered property in teh public trust and not private property.
Private Property vs. Public TrustThe term “highway” means “all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel.” Section 340.01(22), Wis. Stats. Many highways are composed of a paved travel lane in the center, called a “roadway”, with the remaining right-of-way width used as an unpaved shoulder or as an improved sidewalk. Sidewalks adjoining a highway typically lie within the highway right-of-way, which makes them a part of the “highway,” and subject to laws regulating motor vehicle use in the highway. In Interest of E.J.H., 112 Wis. 2d 439, 334 N.W.2d 77 (1983). Therefore, the laws regulating operation of motor vehicles on a “highway” apply on sidewalks as well as on the roadway itself.
There are two types of property ownership recognized by law, jus privatum and jus publicum. Everybody’s familiar with jus privatum, also known as fee simple ownership. It means that you have title to a parcel of property, which confers upon you certain rights with respect to that property. Historically, private property rights have been defined as:
The right to control the use of your property.
The right to the benefits that accrue from your property.
The right to sell or transfer your property.
The right to exclude others from access to your property.
On the other hand, few people are familiar with jus publicum, also known as the public trust. Jus publicum ownership is always vested in the state, never in a private party. Unlike jus privatum, jus publicum is not transferrable. [red]Furthermore, in any case where jus publicum can be established, it overrides jus privatum. Therein lies the rub. That enables the state to use jus publicum to abrogate your private property rights, without your consent and without compensation, in any situation where jus publicum can be established[/red]
[/quote]
Public Sidewalks
Sidewalk, streets, and parks are what are known as traditional forums and “have immemorially been held in trust for the use of the public, and time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.”