The Answer Is Transaction Costs

Corner Crossing Conundrum: Trespassing, Airspace, and Property Rights

Jun 11, 2024
What happens when crossing a corner of private land leads to legal troubles? The discussion dives into corner crossing and the clash between public access and private rights. Explore fascinating legal precedents regarding airspace, particularly cases like Hinman v. Pacific Air and Jacques v. Steenberg Homes. Unpack the nuances of trespass laws and the complexity of implied licenses for accessing public land. Plus, enjoy a sprinkle of humor with economics jokes woven throughout the legal debates!
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INSIGHT

Corner Crossing Legal Complexity

  • Corner crossing involves crossing a single point where two public lands meet, touching private property only at a zero-area point.
  • Legally, stepping even on that point can be trespassing, raising complex property boundary issues.
INSIGHT

Ad Coelum Doctrine Limits

  • The Roman doctrine ad coelum grants property rights from earth's core to the heavens but with limits on temporary intrusion.
  • The Hinman v. Pacific Air Transport case held airlines flying above land are not trespassing since they don't permanently appropriate the airspace.
ANECDOTE

Jacques v. Steenberg Homes Tale

  • In Jacques v. Steenberg Homes, a mobile home company trespassed dragging a home over private land without damage.
  • The court allowed punitive damages despite no actual harm to deter willful trespass and protect exclusion rights.
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