Trespass

Doesn't sound right to me Scott.

Is the establishment and status of the right-of-way clear?

I don't see how weeding the right-of-way should be a felony!

So, it's a felony to shovel your neighbor's sidewalk? Walk down the street? Drive on the street? Somehow, I don't think so... But then, you're talking criminal law, not civil law. Not my area of expertise, that's for sure.

Was the line marked on the ground? Here, in Utah, the owner would have to mark the boundary in such a manner to put the trespasser on notice that they're crossing the line.

JBS

> Does this sound right to you?

While I wish that the D.A. could find a better use of his/her time than to prosecute rogue weeders, I do agree with the basic premise. There is a strip of land in front of my house between the right of way line and the curb line which I definitely consider to be part of my front yard. I would not consider it cool if one of my neighbors didn't care for my landscaping and decided to unilaterally change it to suit themselves.

> So, it's a felony to shovel your neighbor's sidewalk?

Perhaps, especially if said neighbor has asked you not to.

For example, some people actually keep the blackberries (a ubiquitous weed around here) on their boundary in place to act as a natural barrier. Cutting said blackberries, which would usually be considered a public service, may release livestock from captivity.

Sure sounds like any criminal lawyer, with your exhibit, should have no problem making the prosecuter look like an idiot. I'd be interested in reading the section of the criminal code that would suggest a crime for removing weeds from public property.

Maybe the neighboor looks at dandilions as flowers??

> Maybe the neighboor looks at dandilions as flowers??

This is Oregon, where 10 foot high trees may be considered "weeds".

> There is a strip of land in front of my house between the right of way line and the curb line which I definitely consider to be part of my front yard.

I have the same strip with nice flowers planted, but I tend to think that just as the King gets what the King gets the only legal law broken if in fact in the right of way could be a nuisance law. Like the type enacted in a city to push homeless squatters from setting up shop on public domain.

Would it matter if it was a small strip or a country road setting that has a 60 foot ROW and a 24 foot road way. We have all seen these. Owners over time use all the way up to the roadway into the ROW but when it comes down to legality they don't have or can't gain rights to that right of way.

Curious to here the results Scott.

I went to go stake a common Lot line in a town site the other day and got the cops called on me. The fence was over the line about 7 feet, but it had "no trespassing" signs on both sides of the fence. I knocked on the door to ask permission to enter the fence and she slammed the door in my face, about 5 minutes later the cops showed up. I told the cops i was just trying to monument the corners and hadn't entered the fence at all. I asked permission and was denied. The cops told me that if I had crossed the fence I could have been arrested for trespassing. I told them I know the law, which is why I always ask permission before entering first. I have no idea if she may have any adverse possession claim to the property so that's why I always ask before I go in.

¿Did said "weeds" look anything like this:
? ;-)

Seriously though, you are stating this is in a right-of-way? I'm assuming public? If so, the trespass should be between the governing jurisdiction and the 'trespasser"? Who is pursuing the charges? Also I would think if this is a 'first offense" with no previous complaint, one could argue that a 'lay person" would not be expected to know this. If this is not the first complaint, well..... things my get a bit difficult considering that "notice" had been given.

If this is some sort of right-of-way of a private nature, then I would assume there would be some type of CC&R's that dictate the associated privileges and thereby would be considered "constructive notice" and your client's trespass would be difficult to defend.

"Felony" sounds pretty harsh , but if your client knew or "should have known" then things get difficult, especially if the neighbors can show that he/she/they have been somehow "damaged" by your clients actions, malice or not.

CV

ORS 164.255:

Criminal trespass in the first degree is a class A Misdemeanor.

There is a missing backstory here if this is actually being considered a felony.

Thanks for the cite, CZ. I'll take a look at it.

Also, I am talking about a 60' dedicated public R.O.W. in the City of Bend.

Scott

Scott,

Here in Corvallis, the adjoining property owners are responsible for maintenance between the property line and the curb, including the sidewalk, although recently the City assumed responsibility for trees in the right of way after passing an additional tax for that purpose.

I don't see how weeding in front of another's property could be a felony. Mischief, such as killing or cutting trees, yes. But weeding? Some people are just jerks.

Good Luck, and let us know how it comes out.

what was she weeding? ... picture in my mind is a lady on hands and knees with garden gloves and clippers taking care of some nuisance dandelions... but if it was herbicides or flame throwers... could be the back story

Dedicated in fee or as an easement for road RW? In many places a RW is an easement unless there is an actual conveyance in fee or the dedication on a subdivision map expressly states the dedication is for a fee interest.

If the RW is an easement, then one would be trespassing if on the other side of the PL projection, because rather than being a projection, it is actually the underlying property line.

Even so, those must have benn some really valuable weeds to get the neighbor and the DA so worked up.

> > Does this sound right to you?
>
> While I wish that the D.A. could find a better use of his/her time than to prosecute rogue weeders, I do agree with the basic premise. There is a strip of land in front of my house between the right of way line and the curb line which I definitely consider to be part of my front yard. I would not consider it cool if one of my neighbors didn't care for my landscaping and decided to unilaterally change it to suit themselves.

I am not sure about Oregon, but in most states once you plant something in the street/road R.O.W. YOU no longer own what you planted, unless said R.O.W. is an easement. From the time of planting onward, on fee or dedicated R.O.W., it belongs to whatever government entity claims that R.O.W.. If a neighbor decided to mow down what you planted you would have no standing to claim damages nor trespass. All you could do is complain to the correct government entity.

Oregon law must be different from ours. In Mississippi you can only be charged with tresspass if you are on land clearly posted with a "No Tresspassing" signs. No signs, no tresspass.