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In reply to the discussion: No Trespassing... [View all]

Laelth

(32,017 posts)
13. Trespassing is both a tort and a crime.
Sat Jun 8, 2013, 08:52 AM
Jun 2013

Anyone can enforce the tort of trespass to land by hiring (and paying) an attorney to file the case and sue the trespasser for civil damages, i.e. money. But what if the trespasser is broke and judgment-proof? What good would that do?

I am not sure about Hawaii, but here in Georgia, trespassing is only a crime if and when the landowner has a "no trespassing" sign posted. Now, to prosecute a crime, you don't have to hire an attorney. The state picks up both the cost of the investigation (police) and the cost of prosecution (the District Attorney), and a criminal court can not only get some justice for you (by fining or imprisoning the trespasser), it can also compel the trespasser to make restitution.

As such, it's much smarter to insure that any trespass to land is a crime. One does that by posting a "no trespassing" sign (in some jurisdictions, in any event). That's the best guess I have as to why you might see so many such signs in Hawaii.



-Laelth

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