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State v. Shack
In Jacque v. Steenberg Homes, the landowner has the legal right to exclude others from his private property. As you read Shack v. State, think about why farmer Tedesco did not have the right to exclude Shack and Tejeras. Are the cases inconsistent? If not, what are the differences that justify different results? In answering this question, pay close attention to the different sources of law the two courts court relied upon.
How would you characterize the property rights to the farm after this case? Did the farmworkers acquired a right in Tedesco’s land—a right to allow others to cross the land? If so, how did they acquire that right? If not, who has what rights?
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