context: A property-rights approach also illuminates this important difference arid provides an analytical framework for harmonizing Booth, Lake, and the facts of this case. Unlike tenants in an apartment building, the residents of a single-family home have "the right of selecting ... guests or visitors" and a "legal right to exclude [people] from [the]' premises at any time and under all circumstances."
citation_a.signal: cf.
citation_a.identifier: 178 S.W.3d 584, 587-88
citation_a.parenthetical: finding a defendant guilty of trespass when police found him on the front steps of someone else's residence and rejecting the defendant's assertion that he could not be guilty of trespass because the steps were presumptively open to the public
citation_a.sentence: See Booth, 670 N.W.2d at 212 n. 1. In other words, although Paye did not exercise her right to exclude or impede access, the fact she had that right.makes her front stairs more like the vehicle interior in Lake than the common areas and hallways at issue in Booth. See id.', Lake, 476 N.W.2d at 56; cf. State v. Mondaine, 178 S.W.3d 584, 587-88 (Mo.Ct.App.2005) (finding a defendant guilty of trespass when police found him on the front steps of someone else’s residence and rejecting the defendant’s assertion that he could not be guilty of trespass because the steps were presumptively open to the public).
citation_b.signal: see also
citation_b.identifier: 444 U.S. 164, 176
citation_b.parenthetical: characterizing the right to exclude others as "one of the most essential sticks in the bundle of rights that are commonly characterized as property"
citation_b.sentence: Rader v. Davis, 154 Iowa 306, 312-13, 134 N.W. 849, 851 (1912); see also Kaiser Aetna v. United States, 444 U.S. 164, 176, 100 S.Ct. 383, 391, 62 L.Ed.2d 332, 344 (1979) (characterizing the right to exclude others as “one of the most essential sticks in the bundle of rights that are commonly characterized as property”). This important right to exclude persons from the property is a significant difference separating apartment houses and single-family homes.