Re:EFF Responds to Bird's Legal Threats to Boing Boing
by gamblor956 on Tuesday January 15, 2019 @11:53AM
(#18912543)
While the law is generally built upon extending similar cases to novel situations, you're stretching too hard here to bring in case law that is too easily distinguishable from the matter at hand.
While I concede that your position is correct academically, I've successfully argued my position in court several times (pro bono, since I only take on criminal def when I believe in the case), so I'm confident that my position is correct where it matters.
And if you're ever actually practiced in the California court system, you would know that you only need to convince a single appellate judge statewide to make valuable precedent. (Because in California, a lower court can follow the precedent of any higher California appellate ruling.)
Intending to rent it to others for use, yes.
> If they are not locally permitted to do so, then this act constitutes abandonment
No, it doesn't. It may constitute violation of whatever ordinance does not permit it, but the Lavan v. LA case is directly on point, that whatever regulatory powers local jurisdiction has, a property owner not intending to entirely relinquish control has not abandoned (and the state cannot without violating the due process clause of the 14th amendment treat them as having abandoned) property merely because it is unattended on a public way in violation of some local control. (They may have the right to take the property with due process from the person who remains, until that process has been given, the owner, but that's a remedy against the owner, not abandonment by the owner.)