Trespass Laws vs. Serving of Process
In general, all trespass laws apply to serving of process. Some states a “Registered Process Server” are granted a limited exemption or affirmative defense against trespassing. According to Kansas Statute 21-371 it is illegal to enter or remain on any land without the owner, tenant or other authorized person’s consent. There are three basic methods for an owner or authorized person to communicate to the intruder that they are trespassing. Posting “No Trespassing” signs along the the property line is obviously one way. Posted signs labeled “Private Property” indicates nothing about keeping anyone off the property. “No Hunting”, “No Fishing” and “No Swimming” signs bar only those specific activities on the premises. A “No Trespassing” sign bars everyone. Another method a landowner can secure his property from trespassers is to fence, enclose or otherwise secure against passage or entry. Properly posted “No Trespassing” signs along the property line and/or a “secured” property is reason enough not to enter the property. These two methods are listed in subsection (a) (1) (B): “…posted in a manner reasonably likely to come to the attention of intruders, or locked or fenced or otherwise enclosed, or shut or secured against passage or entry;…”. Criminal Trespass charges usually involve law enforcement. Read more