Implications of a Recent Appeals Court Decision on the Open Fields Doctrine

The recent appeals court decision is expected to make the agency reconsider appealing due to the unpopularity of the open fields doctrine in Tennessee. The agency, TWRA, holds extensive power under this doctrine but faces resistance from those opposing it. Kentucky has a history of embracing the open fields doctrine since 1922, primarily in cases related to prohibition and distilling. State constitutions can provide additional protections beyond the US Constitution, potentially influencing federal courts. By litigating state cases to secure protections for landowners, there is hope to influence the US Supreme Court to reevaluate and potentially revise their stance on constitutional protections.