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>Isn't trespassing, regardless of what you do once you are on private property without permission, already illegal?

In most states you have to follow pretty strict rules around how and what you post in regards to no trespassing signs - and a failure to properly post is an automatic granting of rights to the property. Furthermore they'd likely have trouble actually following the letter of the law given the amount of "unknown" people that need to go in and out of the farm on a daily basis for deliveries/etc.

In other words - if you've got 30 truck drivers a day coming and going, and you haven't given each and every one explicit permission to enter your "private property", you likely have no grounds to sue the person you didn't want there. There is no concept of assumed rights that I can find in Montana law.

http://codes.findlaw.com/mt/title-45-crimes/mt-code-ann-sect...



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