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  1. #1
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    Jan 2007
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    Default New Jersey Trespass

    I was hunting on a an acquaintances property. I was given verbal permission. This property is landlocked by a railroad so the only access is along the railroad right of way.
    I parked on the side of the railroad about 10 feet from the tracks.
    I was charged with NJ 2C:18-3b ( defiant trespass ) by a local police officer who drove down the right of way to confront me.

    IMO, the railroad split this property many years ago and a reasonable person would conclude that since they did not make a crossing for the landowner, and they did not take the entire property, that the landowner would have access along the railroad right of way ( assuming that it was safe ).

    I have since obtained written permission.

    There are no signs against trespass or any fencing, at least not along this section of railway.
    I have pictures showing the access area and clearly there are no signs.

    Since I believe that I had permission to be there, and there are no signs visible, what do you think will be the outcome of the court case?

    I don't know what describes a legal POSTING in New Jersey??

    thank you in advance.



    The Statute is below:

    b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

    (1) Actual communication to the actor; or

    (2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

    (3) Fencing or other enclosure manifestly designed to exclude intruders.

  2. #2
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    Default Re: New Jersey Trespass

    Basically, you were caught driving alongside the railroad tracks, and the officer ticketed you for trespassing on the railroad's right-of-way? That's not surprising, given the potential hazard posed by vehicle traffic on the right-of-way.

    Posting would typically mean that "no trespassing" signs have been posted, consistent with the state's laws, although here it means any type of notice which was "reasonably likely to come to [your] attention". I don't know if the right-of-way is fenced or posted in any way - was it?

  3. #3
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    Default Re: New Jersey Trespass

    No one knows how these things will turn out.


    It doesn't really matter what you think about anything. The fact is you were on someone else's property. In other words, you do not have to intend to trespass to be guilty.


    If the judge finds you fall under one of the three classifications, you will probably be found guilty.

  4. #4
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    Default Re: New Jersey Trespass

    Quote Quoting Mr. Knowitall
    View Post

    Posting would typically mean that "no trespassing" signs have been posted, consistent with the state's laws, although here it means any type of notice which was "reasonably likely to come to [your] attention". I don't know if the right-of-way is fenced or posted in any way - was it?
    There are NO signs on this section of railway.
    There is NO fencing.
    There were No directions to leave.

  5. #5
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    Default Re: New Jersey Trespass

    Quote Quoting seniorjudge
    View Post
    .....In other words, you do not have to intend to trespass to be guilty.

    .....
    " knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by"

    Doesn't this mean that I had to know that I was not allowed there?

  6. #6
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    Default Re: New Jersey Trespass

    Quote Quoting notregde
    View Post
    " knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by"

    Doesn't this mean that I had to know that I was not allowed there?
    Yes; you had to know that you were not allowed on the land that you were actually on.

    Now that I re-read the statute, I suspect it will be reduced to one of those "unkowing" trespass deals.

  7. #7
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    Default Re: New Jersey Trespass

    Thanks for the fast and helpful replies.

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