Friday, March 23, 2012

State v. Shack case brief

State v. Shack, Supreme Ct. of NJ, 1971
  1. Tedesco employs and houses migrant workers and charged legal and medical service people with trespass for coming onto property in aid of workers
  2. Deals with weighing both right to exclude and right of access on behalf of migrant workers
    1. Look at negative consequences and lack of consequences to the landowner
  3. Rule – Under state law the ownership of real property does not include the right to bar access to governmental services
  4. Holding – Right of access trumps right to exclude
    1. Unthinkable that farmer can assert a right to isolate worker in any respect significant for the worker’s well-being
    2. No legitimate need for a right in the farmer to deny aid
  5. property rights serve human values: title to real property cannot include dominion over the destiny of persons the owner permits to come upon the premises

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