(563 N.W. 2d 154)
- Steenberg had a home to deliver to Jacque's neighbor. The easiest route was across Jacque's land.
- Jacque protested, Steenberg offered money to allow the delivery, but Jacque said no.
- The other road was blocked due to safety reasons.
- Steenberg used a bobcat to deliver the home across Jacque's land.
- A sheriff issued a $30 citation to Steenberg for trespassing.
- The $30 citation was the least expensive option for Steenberg.
-If so, should the law apply to Steenberg or should it only be applied prospectively?
-If it applied to Steenberg, would a $100,000 punitive damage award by the jury be excessive?
-Yes, the law should be applied to Steenberg, and the $100,000 damage award was not excessive.
-Punitive damage would be inappropriate.
-A U.S. Supreme Court ruling gives private landowners the right to exclude others. This is one of the most essential rights characterized as property.
-Dolan v. City of Tigard stated that the court recognized every persons constitutional right to exclusive enjoyment of property for any purpose which does not invade the rights of others.
-Society has an interest in preserving the integrity of the legal system.
Subject: Trespass, Punitive Damages, Intentional Trespass (to land)