Wolford v. Lopez · ¶167

Even laws that do not appear on their face to apply to private property open to the public are, after some inquiry, akin to Hawaii’s regulation. Pennsylvania’s law applied to “the improved or inclosed lands of any plantation other than [the trespasser’s] own.” 1721 Pa. Acts, §3, at 255. And several Reconstruction-era laws applied to “the premises or plantations of any citizen.” 1865 La. Acts, No. 10, §1, at 14; see 1866 Tex. Laws 1321, §1; 1865 Fla. Acts, §19, at 27. As Hawaii explains, “improv’d or inclosed Lands” and “premises or plantations” exempted undeveloped and unfenced land but still included much of the private property open to the public. Brief for Respondent 31, 33–35 (internal quotation marks omitted); see also Brief for Professors of Property Law as Amici Curiae 26.

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