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Using Trespass to Prevent Exposes--Ag-Gag Laws and more
A fee simple property owner is said to have a right to exclusive possession, meaning the right to exclude others from the property. The right of possession depends on the owner's ability to invoke state power using the law of trespass, in its civil and criminal versions, and on the remedies trespass law affords. The crime and tort versions of trespass law are subject to exceptions and defenses, including consent, privilege, nondiscrimination and public policy, so that exclusive possession is not an absolute right.
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