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From: wmartin@brl-smoke.ARPA (Will Martin )
Newsgroups: net.politics
Subject: Re: Types of Property
Message-ID: <1589@brl-smoke.ARPA>
Date: Thu, 6-Mar-86 12:14:25 EST
Article-I.D.: brl-smok.1589
Posted: Thu Mar  6 12:14:25 1986
Date-Received: Tue, 11-Mar-86 19:24:01 EST
References: <1691@bbncca.ARPA> <536@whuts.UUCP> <1636@ihlpg.UUCP>
Organization: USAMC ALMSA, St. Louis, MO
Lines: 71

There are pretty obviously a number of types of property; I will list
some below, as they come to me -- others may well think of still more
types, or sub-divisions of these types, as this is by no means
exhaustive. "Proper" or allowable or tolerable behavior may well be
different on theses different types of property. (What is "proper" is,
of course, determined by those with the greatest power -- usually those
that have the guns. This usually equates to those controlling the police
or army.)

Public property: The traditional city street and sidewalks. Note that
behavior on this is already restrained by ordinances regarding
traffic-blocking, permits required to set up a stand and sell goods, etc.
Municipal (public) funds pay to maintain these areas.

Public/private property: The private street, where the owners' funds pay
for the maintenance rather than municipal funds being used. Security is
provided by private guards, etc., though the municipality is called in
for serious police work or fire-fighting, etc. [I really am unsure as to
the legal status of public access to such areas. Anyone have facts on this?]

Personal private property: Owner-occupied real estate; your home. Note
that "a man's home is his castle" is no longer true -- occupancy
permits, laws about such things as pet ownership and smoke-alarm
installation already restrict what you do in the privacy of your own
home, even if you own the building and land. Condo association or
subdivision regulations or deed restrictions may also apply.

Rented personal private property: A home location rented from some other
person, as an apartment. Rights of occupant further restricted by lease
(either explicit or common-law).

Private business property: A factory or plant, for example, where the
general public does not have access, but which is open to the owners and
to those they have hired to work there, or contracted with for services,
or allowed access for business-related reasons (utility company people
coming in to read a meter, for example).

Limited-access public business property: A wholesale-to-the-trade
showroom, for example, to which access is granted to those persons
meeting some standard of group membership, such as "buyer for a retail
outlet" or "purchaser in some quantity". The nature of the restriction
must be posted or otherwise publicly proclaimed.

Quasi-public business property: A retail outlet, store, or service site,
where members of the public are allowed or encouraged to enter to shop
or to purchase services or inquire about such. If you enter, but do not
buy, browse, or engage in some form of trade relationship with the
proprietor, you may be legitimately requested to leave. Your presence in
this area is predicated on the presumption that you are there to trade.

Fully-public business property: The prime example is the mall, where all
this discussion originated. This is NOT the individual store or shop in
the mall, which falls under the preceeding category, but the area
outside the stores, to which access is granted the general public, in
the hope that they will in turn enter the stores to spend money. Note
that there is no requirement or contract to the effect that, once you
enter the mall, you *must* subsequently enter a mall shop to buy or
browse or otherwise interact with the actual retailer; you have a legal
right to enter this mall, even if it is private property, because it is
held out as available for access by members of the general public. You
can go and just sit, and it is legitimate. 

In the light of the above, I would equate "public property" with the
"fully-public business property", in that legitimate free-speech
political actions should be allowed in both. Even though I probably
would violently disagree with everything Tim would say or the leaflets
he would distribute, I agree with him that access to this sort of area
should be allowed, despite that some person or organization happens to
own it.

Will