Hypothetical Legal Question

[TulipsAndSunscreen]

Well I'm 100% positive it's public land of some sort. Not sure if it's city/state/federal land. We would be collecting probably 50 rocks which is about a ton but in the grand scheme of how many rocks are down there, not even a drop in the bucket.

I did find the comment of under the cover of night REALLY funny. And no, no weapons would be used. Just us, picking up the rocks that are out in the open.

I get what everyone's saying about the land, etc., I'm just annoyed with the idea that I should get rocks trucked in from somewhere else when there are rocks just sitting out there. But I get that I shouldn't profit from the public area either.

Law is terrifying. I'm a fairly well read person and the amount of big worded run-on sentences in law TERRIFY me. Imagine if you didn't have a lot of education? Sheesh. I'm so impressed with our crack iMSN legal team...

[HouseofWool]

Law is terrifying. I'm a fairly well read person and the amount of big worded run-on sentences in law TERRIFY me. Imagine if you didn't have a lot of education? Sheesh. I'm so impressed with our crack iMSN legal team...

I sooo agree! In fact, I wish I could hire MrsK to help when we finally find a house to buy. At least I know her versus someone I would be getting out of the phone book essentially.

[MrsK]

If you buy a house in OH or FL or, once I'm licensed in KS, I'll be happy to help. Otherwise, I may be able to help you find a lawyer in your jurisdiction or let you know how to go about finding one.

Law really shouldn't be terrifying and it should be must more accessable for lay-people. That's why I feel so strongly that there should be more incentives for attorneys to provide pro bono work. It's usually those that are most in need that are barred by their lack of education and resources.

The condo stuff is especially complicated because condos are a relatively new concept in the law, they are generally governed by statute, there is not a long history of caselaw intrepreting them, and the bundle of rights that comes along with condo ownership is different that the rights associated with a single family home. The concept of one's home being her castle does not apply. Condos are really more like communes where the greater good prevails.

BTW: Abigail, I think your analysis of the rock issue is great. I don't even know where to begin on trespass/conversion or other criminal matters. The cover of night and weapon analysis was brilliant.

[Michele]

Me here with my mouth agape. I'm so confused!! Wow. I'm pretty sure now that if someone was pissed at me, they'd be able to sue me for everything!!! I don't even put this much thought into most of my cases!!! Let alone rocks and a garden!! Wow!

Add me to the list of iMSN lawyer lovers.

[MarissaNicole]

Okay this is totally not legal advice... but I asked my friend and my friend said... if it were her and she didn't think anyone would notice she would just gradually take a few at a time... she thinks come on, do you really think the city or state is going to sue a private citizen over a few rocks? I'm mean its illegal to speed, but how many people do it every day? And just remember that was my friend that said that. Because I think you should obey the law at all times!

[Rapunzel]

The example in the original post is exactly why dh and I have the policy of "it's better to ask for forgiveness than for permission".



Ignorance can serve a purpose!

LOL

[MrsK]

Yeah, but it is often stated that "ignorance of the law is not a defense." She can still be ticketed, fined, arrested, liened, etc. There is always a chance that you may not be caught but imagine if we all lived our lives that way.

[Pollyanna]

Would it not be easier to head to the farmers market every week?

[Deebs]

I would be really careful with whatever governing agency is over condo changes. We've found out since moving here that the law is much more on the side of property associations than homeowners, when compared with Illinois, where we both grew up. Our HOA is actually run by the developer of the area who lives in a different town, and homeowners have no input. We now check every bylaw and ordinance before making ANY changes to our property (this after a few fines last year).

[TulipsAndSunscreen]

Yeah, but it is often stated that "ignorance of the law is not a defense." She can still be ticketed, fined, arrested, liened, etc. There is always a chance that you may not be caught but imagine if we all lived our lives that way.

I agree that's why I asked. BUT, I also think it's dumb and very anti-green to have to BUY rocks trucked in from out of state when taking a few out of the environment would probably be better for it.

[MrsK]

Deebs, it sounds like your HOA has not turned over to the unit owners yet. Generally, a board is elected by the unit owners and the property will only be run by a developer until turn-over occurs. Is it a new project?

Also, you may have been in a co-op rather than a condo in Illinois. That's a different animal.

[DCJenn]

Go get the damned rocks and tell them to suck it if they don't like it.

There. Done.

Jenn

I'm with Jenn.

[Sheherezade]

Don't mess with the iMSN Hussey.

[GrayMatterWife]

I'm with Jenn.

I'm kinda with Jenn on this, too... setting aside the whole legal analysis...