Monday, August 28, 2017

We're the Only Ones Unwarranted Enough?

“In performing its duties, the Commission, through its Board or designated employees or agents, may: Enter ... any lands, waters, and premises adjacent to the WMATA Rail System ... for the purpose of making inspections, investigations, examinations, and testing as the Commission may deem necessary to carry out the purposes of this MSC Compact, and such entry shall not be deemed a trespass.” [More]
So is this a grave new threat to liberty or much ado about nothing over standard easements?

[Via Jess]

3 comments:

Lergnom said...

Question: how far out from the Metro does this... jurisdiction extend? One mile? Ten? Whatever the MSC deems appropriate? I'd like to see MSC agents barge in on some of the chattering class who live near there, just to see how they like their ox being gored.
Stay safe

Anonymous said...

When read correctly, with the LEGAL DEFINITION of the word "including" in mind, it means they can ONLY go onto lands and into premises owned by the federal government. If your land is private and they go onto it, it's STILL a trespass, and can be prosecuted as such, no matter what the stupid officers or inspectors think in their minds. Congress words things in such a way that they can get away with violating rights ONLY if the victims don't know what the legal meanings of words are. Look up the word in a legal dictionary and you'll see what it actually means - and it's not what most people think. It's a term of EXCLUSION, meaning "ONLY this". It can also take on a meaning of "in addition to" if it's specified that way in the language of the law, statute, rule or regulation, but if not, then it has the usual LEGAL meaning of exclusion.
-MM

Anonymous said...

"You will know them by their fruit."

I'll start considering nuances of legal versus colloquial definitions of words important after more fundamental language is honored - such as "shall not be infringed." Until that happens, none of their words can be trusted.

-PG