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I live on a residential access road off of USDA property. Multiple times a week for the last 5 years, I have taken a walk down my road and on to the USDA property, walking on the main roads around the complex. Yesterday I was stopped by a security guard for the first time and told that I could not walk on “federal government property” and I must turn around.

There is a single sign posted that says “US Government Property: No Trespassing Off Main Roads”. My question is, is this trespassing? I am walking on the main roads of the complex. There are sidewalks that lead all the way out to the public road out front. And I HAVE to cross into the USDA property to get to my house.

Other than the USDA property, the rest of the immediate area is commercial property without very good sidewalks so I would have to get in my car and go somewhere else in order to get a quick mile or two walk in.

Neil Meyer
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Karena
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1 Answers1

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Yes, you are trespassing

Someone with the ostensible authority of the owner (the security guard) has revoked your permission to be on the property. If you remain in spite of this, you are trespassing.

Whether the guard had the actual authority to do so or was actually wrong to do so is something you don’t know and, in any event, is irrelevant to the particular circumstances. Your obligation in the moment is to comply with the direction and leave the premises.

At a latter date, you can clarify the issue with someone higher up in the organization. If it turns out you can use the main roads, ask them to confirm that in writing and keep that document with you for the next time you are challenged.

Dale M
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