No matter where you reside and irrespective of what style of property you own or what your housing arrangements are, it’s in your best interest to have a great understanding of trespass laws in your state.
You need to know these rights each to avoid intrusion on your individual travels and to know exactly where your rights begin and end with respect to others in your property, whether or not they were originally invited , or not.
When it involves transgressing laws, Kentucky is sort of reasonable. Most statutes are short, to the purpose, and straightforward to know.
In Kentucky, assuming that no other criminal activity has taken place or that any property has been damaged trespassing is all the time a misdemeanor, but that doesn’t suggest you mustn’t worry about it.
There’s also lots of details about intrusions into private and non-private infrastructure and other facilities, and the state is surprisingly strict about what it calls aerial surveillance using drones. There is so much to learn and we’ll inform you about it below.
Overview of encroachment law in Kentucky
- All types of trespassing are misdemeanors in Kentucky.
- However, trespassing to support one other crime or misdemeanor that causes harm may qualify as a felony.
- Kentucky has specific laws regarding the usage of drones for every type of aerial surveillance of personal property and a few public property. A breach is taken into account an intrusion.
What constitutes an intrusion in Kentucky?
Kentucky, like most states within the country, broadly categorizes trespassing as trespassing or remaining on any property, whether land, apartment, constructing, or vehicle, or being on or on such property after obtaining permission but instructed to depart by the owner or authorized representative of the owner.
However, if someone enters or stays on undeveloped land that’s neither fenced off nor demarcated against trespass, it isn’t considered trespassing under the statute unless the person doing so has been specifically notified by the owner or the owner’s agent.
This is just considered one of several the reason why it is advisable publish your land from intruders.
You can read in regards to the general provisions regarding intrusion in Art. 511.090 of the state statute, and the relevant portions are given verbatim below:
(1) An individual “enters or stays unlawfully” on or inside the property when not present
privileged or entitled to achieve this.
(2) A one that enters or stays in or on premises with any intention, which
are open to the general public at the moment, he does so by license or privilege, unless he objects
a lawful prohibition of entry or residence given to him personally by the owner
such premises or one other authorized person.
(3) License or privilege to enter or reside in premises which can be only partially occupied
open to the general public isn’t a license or privilege to enter or reside in or on the lot
premises that will not be open to the general public.
(4) A one that enters or stays on unimproved and apparently unused land
which is neither fenced nor otherwise fenced, doesn’t commit a criminal offence
unless notice of intrusion is given to him personally by the owner
land or other authorized person, or unless notice is shipped by post wa
conspicuous way.
…
Does Kentucky require “No Trespassing” signs?
Yes, in some cases. Any property could have a no trespassing sign to function a trespassing warning.
However, signage isn’t required to be posted to qualify a second-degree misdemeanor offense – that’s, for fencing only – but warns against doing the identical for undeveloped land.
If the vacant lot doesn’t have any markings, fences or other barriers to entry, then unauthorized entry to that lot isn’t considered trespassing unless the person doing so has already been specifically notified by the owner or the owner’s agent.
Is a fence required to guard property?
Yes, if you would like to protect unimproved property from intruders as described above and in contrast to posted signs, this also qualifies for second degree intrusion.
What other signs indicate “no trespassing”?
Nothing. Kentucky isn’t a state that relies on so-called purple paint laws to post notices against trespassing on vacant land and other properties.
The short version is that some states allow property owners to mark the boundaries of their property with vertical stripes of purple paint as an alternative of putting up signs or erecting fences.
Such markings haven’t any legal force in Kentucky, despite the fact that many individuals understand the meaning of such markings.
If you would like to post your property against trespass, you have to achieve this with signage or fencing.
Can Attorneys Ignore No Trespassing Signs?
NO. In general, solicitors of all types cannot ignore no trespassing signs which can be prominently displayed on the entrances to your property, whether within the driveway or near the front door.
However, it is also necessary to notice that Kentucky doesn’t have a very hard track record in terms of coping with flagrant violations of no trespassing signs by lawyers unless they’re particularly flagrant.
Can trespassing lead to an arrest in Kentucky?
Yes. Trespassing in Kentucky without other crimes or damages is barely a misdemeanor, but that doesn’t suggest such crimes don’t matter.
A trespassing charge can lead to hefty fines and even prison sentences, so you actually don’t desire to trespass even unintentionally in your travels, and you mustn’t think you are helpless because someone is trespassing in your property.
Can you sue someone for trespassing?
Yes, definitely, and particularly within the case of repeated offences, targeted and malicious actions, harassment or if the offender already has a criminal record or is a repeat offender so far as trespassing is worried.
Whether you need to or not is one other matter as litigation, especially when it’s just the principal amount, gets very costly in a short time.
However, should you consider someone could also be a threat, you actually have the appropriate to file a charge, even when it’s “only” trespassing.
Special Intrusion Cases in Kentucky
Kentucky has a protracted statute that covers a special style of intrusion often known as intrusion on key infrastructure assets.
As you may expect from the title, this includes intrusion into all types of utilities, industrial infrastructure, transportation hubs, factories, plants, refineries, and so forth.
Also, the identical statute, 511.100, discusses the usage of unmanned aerial systems and drones for the surveillance and surveillance of each private and public property, which is illegal or without special permission.
This could be quite a thorny thing for any drone enthusiast and comes with some pretty hefty fees, so make sure that you read the complete statute to get all the data.
Some of the text of the drone surveillance statute has been omitted for brevity, but some could be found together with an inventory of what Kentucky defines as key infrastructure assets below.
(1) Used on this section:
(a) “Key Infrastructure Assets” means:
1. Each critical system node used for production or generation
Electricity;
2. Oil refinery;
3. Rubber or hazardous chemical manufacturing plant;
4. A facility or terminal for the storage of crude oil or hazardous chemicals;
5. Natural gas processing, fractionation, stabilization and compressor
station facilities, in addition to above-ground pipelines and associated facilities;
6. Railway stations and portals of railway tunnels;
7. Potable water collection, treatment or storage facility;
8. The land or property of a state prison, juvenile correctional facility, jail or
one other facility used to carry accused or convicted individuals
crimes;
9. Facility for research, development, design, production, delivery,
or maintenance of military weapon systems, subsystems and
components or parts that meet US military requirements;
Or
10. Wireless communication device including tower, antennas,
supporting structures and all associated ground equipment; and a
telecommunications exchange; AND
…
(2)(a) An individual commits an offense of trespassing on essential infrastructure if he
or knowingly enters or stays unlawfully in or on the property on
which key infrastructure assets are situated.
(b) An individual commits an offense of trespassing on essential infrastructure if he
or knowingly uses, stores or authorizes an individual to make use of an unmanned aerial vehicle
a system of aircraft to fly over real estate where key infrastructure assets are situated
are situated with the intent to cause damage or damage or to conduct surveillance
a key component of the infrastructure without the prior consent of the owner, tenant,
or tenant of the property.
(3) Intrusion into key infrastructure assets is a Class B misdemeanor for the primary
a felony and a Class A misdemeanor for a second or subsequent offence.
