Travel Question

[Dillon Hunt]

1. Can one be charged with criminal trespass if driving or parking on public roads w/o a State Drivers License ?

I say no, because the State Government does not have title to Public Roads.

2. Do the People of a State own the Roads of that State by Adverse Possession or as tenants in common?

http://www.expertlaw.com/library/rea...ossession.html

http://www.navigar1031.com/selling/TIC_defined.htm

________________________________

635:2 Criminal Trespass. –
I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place. (like State Roads?)
II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,000 to the value of the property of another.
III. Criminal trespass is a misdemeanor if:
(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
(b) The person knowingly enters or remains:
(1) In any secured premises;
(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or
(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.
IV. All other criminal trespass is a violation.
V. In this section, "secured premises'' means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.
VI. In this section, "property,'' "property of another,'' and "value'' shall be as defined in RSA 637:2, I, IV, and V, respectively.

[Shoonra]

Originally Posted by Dillon Hunt

2. Do the People of a State own the Roads of that State by Adverse Possession or as tenants in common?

Contrary to your first answer, yes, the State owns the roads, or at least has legal authority over them equal to ownership. "The people" own the roads by way of their elected govt. This ownership is not adverse possession because the state does not do so in defiance of other claimants or lawful owners, and the individuals do not own it as tenants in common because none of them can sell their share or compel others to sell their shares.

[Notorial dissent]

Contrary to what Dillon thinks, or wants to believe, whatever, the actual title to all streets, roads, highways is, and always has been vested in the controlling government of the area in question. This can easily enough be proven by the simple act of checking the title to the piece of ground in particular where eventually will be found either a condemnation order, or a deed transferring the title of the ground to the government in question. While it is popular and common to speak of “public” ownership of the roads, parks, etc, in fact that is merely a euphemism as title does in fact vest in the government authority involved, as is easily proven by the fact that when a piece of “public” property is transferred into private hands a deed is signed by the highest administrative office of the government.

Reality is such a killjoy to really stupid mythology. This in particular.

[dorkenbutt]

Let's see ND, I guess you are the only one with stupid mythology, eh? Tell me how can the "highest office" transfer anything? You are kidding, right? Is that like Office Depot signing the deed or maybe Office Max? LOL!! I always though it took a man/woman to sign anything. Didn't know an "office" could sign anything. Wow, now who is spouting stupid mythology ND? Of course not you?!!! ROFLOL!!

[farmer_giles_of_ham]

most of the paths we travel by any means are 'rights-of-way' that are in theory part of the adjacent property.

The Vehicle Code is pretty clear about the definition of a "public highway". I think the nuclear verb there is maintained...

Originally Posted by ND

the actual title to all streets, roads, highways is, and always has been vested in the controlling government of the area in question.

thats utterly false.

[farmer_giles_of_ham]

Originally Posted by Dillon Hunt

1. Can one be charged with criminal trespass if driving or parking on public roads w/o a State Drivers License ?

there has perhaps NEVER been a case where this happened, if thats any proof. Regardless, these arent enclosed anyway.

The license isnt for using a territorial property, its for using an interactive one, transportation.

[Notorial dissent]

Originally Posted by dorkenbutt

Let's see ND, I guess you are the only one with stupid mythology, eh? Tell me how can the "highest office" transfer anything? You are kidding, right? Is that like Office Depot signing the deed or maybe Office Max? LOL!! I always though it took a man/woman to sign anything. Didn't know an "office" could sign anything. Wow, now who is spouting stupid mythology ND? Of course not you?!!! ROFLOL!!

By statute, and or by constitutional authority the Governor of a state is the party usually charged with the authority to sign the deeds to state land being sold or traded, or the authority can be delegated to a specific officer, but at the state level it is generally the Governor who signs the deeds, just as in the case of cities where it is the mayor, almost always by ordinance and consent of the local counsel who signs the deeds, or it may be the chairman of the county commissioners or whatever governmental entity owns the property. You really shouldn’t have slept through all those high school civics classes.

Originally Posted by farmer_giles_of_ham

most of the paths we travel by any means are 'rights-of-way' that are in theory part of the adjacent property.

The Vehicle Code is pretty clear about the definition of a "public highway". I think the nuclear verb there is maintained...

thats utterly false.

Sure it is, call your local county commissioner or city clerk and ask them who has title to the streets in your city or county roads in your area. No, wait, don’t bother, that would have been too reasonable a thing to do and you would have found out something you didn’t want to hear.

[dorkenbutt]

Originally Posted by Notorial dissent

By statute, and or by constitutional authority the Governor of a state is the party usually charged with the authority to sign the deeds to state land being sold or traded, or the authority can be delegated to a specific officer, but at the state level it is generally the Governor who signs the deeds, just as in the case of cities where it is the mayor, almost always by ordinance and consent of the local counsel who signs the deeds, or it may be the chairman of the county commissioners or whatever governmental entity owns the property. You really shouldn’t have slept through all those high school civics classes.

Some other questions for you ND, if you can answer them. You say it is by statute and/or constitutional authority that the Governor has authority to sign a deed. Who created the Constitution or that statute you allude too? You are not suggesting the State did now are you ND? How is it possible for the State to create or authorize anything? Once again the State is a creation of the mind and can do nothing on its own, can it? How can a statute give any authority, another construct of the mind? Do not people, men/women right laws and give authority. Are those people my equals or are they somehow better than me? Do these Governors (officers) represent the people of the State or who? If the Governor (officer) of a State is my servant how can my servant be over me? Once again you are espousing stupid theories, eh ND? Are you a product of the government fool system?

[Dillon Hunt]

Originally Posted by Shoonra

Contrary to your first answer, yes, the State owns the roads, or at least has legal authority over them equal to ownership. "The people" own the roads by way of their elected govt. This ownership is not adverse possession because the state does not do so in defiance of other claimants or lawful owners, and the individuals do not own it as tenants in common because none of them can sell their share or compel others to sell their shares.

If the State own the roads, than everyone driving or walking in public w/o a License should be charged with criminal trespass and breach of the peace.

If We the People own them, we can charge Gov. agents with the same. You think! LOL

If the People and Gov. own them as tenants in common then no licenses are needed to enjoy the roads. I don't need a Business License to drive on my property. (All Licenses are business licenses)

Dillon

[Dillon Hunt]

Originally Posted by farmer_giles_of_ham

there has perhaps NEVER been a case where this happened, if thats any proof. Regardless, these arent enclosed anyway.

The license isnt for using a territorial property, its for using an interactive one, transportation.

Don't you mean transportation as a business operator on public roads?

thanks, dillon