What is the legal test for the right of a public official to enter private property?

California, United States of America


The following excerpt is from Prop. Reserve, Inc. v. Superior Court of San Joaquin Cnty., 1 Cal.5th 151, 204 Cal.Rptr.3d 770, 375 P.3d 887 (Cal. 2016):

18 In advancing the argument that the environmental order amounts to the taking of a temporary easement, the landowners point to statements in a number of opinions to the effect that the right to exclude [others is] one of the most essential sticks in the bundle of rights that are commonly characterized as property. (Nollan v. California Coastal Comm'n. (1987) 483 U.S. 825, 831, 107 S.Ct. 3141, 97 L.Ed.2d 677.) As demonstrated by the common law rule recognizing that public officials generally enjoy a privilege to enter private property and to conduct statutorily authorized activities on such property (see, supra, 204 Cal.Rptr.3d at pp. 795796, 375 P.3d at pp. 908909), however, the right to exclude others has never been viewed as an absolute or unqualified attribute of property ownership. Entries onto private property by public officials or employees to conduct statutorily authorized activities are a long recognized limitation of a property owner's right to exclude others.

18 In advancing the argument that the environmental order amounts to the taking of a temporary easement, the landowners point to statements in a number of opinions to the effect that the right to exclude [others is] one of the most essential sticks in the bundle of rights that are commonly characterized as property. (Nollan v. California Coastal Comm'n. (1987) 483 U.S. 825, 831, 107 S.Ct. 3141, 97 L.Ed.2d 677.) As demonstrated by the common law rule recognizing that public officials generally enjoy a privilege to enter private property and to conduct statutorily authorized activities on such property (see, supra, 204 Cal.Rptr.3d at pp. 795796, 375 P.3d at pp. 908909), however, the right to exclude others has never been viewed as an absolute or unqualified attribute of property ownership. Entries onto private property by public officials or employees to conduct statutorily authorized activities are a long recognized limitation of a property owner's right to exclude others.

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