Does a landowner have a legal right to exclude the public?

It is true that not every property right entails a protectible privacy interest. Nevertheless, "property rights reflect society's explicit recognition of a person's authority to act as he wishes in certain areas, and therefore should be considered in determining whether an individual's expectations of privacy are reasonable." (Rakas v. Illinois, 439 U.S. 128, 153, 99 S.Ct. 421, 435, 58 L.Ed.2d 387 [Powell, J., concurring].) That a landowner has a legal right to exclude the public is recognized in the sections of New York's Penal Law dealing with offenses involving damage to and intrusion upon property (see, Penal Law art. 140, particularly 140.05 [trespass], and [593 N.E.2d 1336]

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