I see an appalling lack of understanding of trespass law and easement law.
If it is a right of way, it is generally NOT private property. A right of way is usually NOT owned by any citizen, by definition it is public property. Even when it is private property, the right of way overrules any private property interest.
A public worker, by definition, can enter a right of way to conduct county or city business and can remove encroachments without notification to the property owner. By definition, he cannot be charged with a trespass.
As for an easement, it depends on the rules of the easement. For example, I have a utility easement that runs through my property, for underground electric, cable, phone, etc. I cannot build a structure over that easement. Nor can I do anything that would impede access to the utilities should the unlikely event occur that access was needed.
More relevant to people that live in older neighborhoods with above ground utilities and older below ground utilities. If a transformer blows, you cannot block access to the repair crews, due to the legal presence of the easement.
The worker was in no way at fault. He was in a right of way and had every right to remove an encroachment to that right of way. The city should recover all workmanâs compensation cost from the homeowner via a tort action. And the homeowner should be charged with assault and battery. An assault and/or a battery does not require that the assailant DIRECTLY assail the victim. Indirect attacks such as this constitute an assault.
As crazy as I think it is to line a campaign sign with razor blades, Iâm still trying to figure out how the city worker didnât see them. From the images they seem pretty obvious. Many campaign signs around my area would be in violation too as most are quite close to the shoulder of the roadways.
Laws likely vary by area. And the razors may be easy to see in sunlight at angles nearly perpendicular to the face of the sign. Other angles and light conditions, likely not so much.
The worker was doing as he was told. Do you think his bossâŚwho gave him that order, should possibly be reprimanded for demanding an unlawful orderâŚor should he/she get special treatment?
I think youâre the lawyer so Iâm not informed enough to say youâre wrong butâŚif I were a betting man, Iâd say the original order is was what was wrong?