[IN] [IN] Can I walk on a public sidewalk near Notre Dame after being trespassed?
Hello, I received a trespass notice from the University of Notre Dame. The University owns and operates a building that’s on a public road that’s also, unfortunately, right across from university property. This building is connected to a public road, not a university-owned one. Would I be trespassed if I stepped onto the sidewalk of the building that’s across from the university?
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I understand you’ve received a trespass notice from the University of Notre Dame and are concerned about whether you can still walk along public roads near university property. That’s a very reasonable concern — and it’s important to understand where the university’s authority ends and where public access begins.
1. What a trespass notice means
-
A trespass notice is a written warning issued by a property owner (or their authorized representative) telling someone they are no longer permitted to enter or remain on private property. Once such a notice is issued, returning to or remaining on that property can lead to a criminal trespass charge or citation under general trespass laws.
Private universities typically have full authority to control access to their campus grounds, buildings, parking areas, and private roads that they own or maintain. However, this authority does not extend to public rights-of-way, such as city or county streets, sidewalks, or public easements. Those remain open to the general public unless specifically restricted by local government ordinance.
2. Clarifying property boundaries
To stay in full compliance with the trespass order, you should:
- Request clarification in writing from the university (for example, from campus police or the university’s general counsel) identifying the exact areas covered by the notice.
- Check local property maps or municipal GIS data to verify which roads and sidewalks are publicly maintained.
- Keep records of your inquiries and any correspondence you receive — this will help if there’s ever a misunderstanding about the scope of the trespass order.
If the university’s notice appears to include public roads or sidewalks, that may be overly broad and inconsistent with general public-access rights. An attorney familiar with property or constitutional law can help determine whether the restriction exceeds lawful boundaries.
3. Staying compliant and finding alternative routes
Until the boundaries are clarified, it’s safest to:
- Avoid walking on or through any clearly marked university property, including parking lots, driveways, or interior walkways.
- Use public streets and sidewalks that are under municipal or county control.
- Consider alternate routes that clearly remain off campus property to prevent potential misunderstandings.
If the university’s enforcement interferes with your ability to use public space or public rights-of-way, there may be constitutional issues involving freedom of movement and due process under the First and Fourteenth Amendments.
4. Next step
- Get written clarification from university officials identifying which areas are off-limits.
- Consult an attorney if the order seems to restrict access to public areas or if campus police continue to enforce the notice in places that are open to the public.
- Avoid any direct contact or confrontation with campus security while seeking clarification.
Bottom line
A trespass notice applies only to private property owned or controlled by the issuing institution. It does not prohibit you from traveling on public roads or sidewalks, even if those areas run alongside or through university grounds. Confirming property boundaries and documenting your compliance will help you avoid future issues while protecting your rights under general U.S. property and constitutional law.
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Hello, I received a trespass notice from the University of Notre Dame. The University owns and operates a building that’s on a public road that’s also, unfortunately, right across from university property. This building is connected to a public road, not a university-owned one. Would I be trespassed if I stepped onto the sidewalk of the building that’s across from the university?
For reference, this is the Idea Center building in South Bend, Indiana.
Lexi, Chatbot
I understand how concerning it can be to receive a trespass notice. Can you tell me if you’ve had any prior interactions with the university regarding this issue?
I was trespassed after I was fired and was trespassed for walking through campus while going home. So unfortunately I do know that I’ll be arrested if I am formally on property. That said, the police don’t have any answers for me regarding this even when I ask them.
Lexi, Chatbot
Have you been informed of any specific reasons for the trespass notice from the university?
In the cops’ own words — “they didn’t like me walking past the hotel I used to work at,” which was on campus property.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your trespass notice.
No.
I don’t know if it helps too, but the reason I ask is I don’t have a driver’s license, and unfortunately since a lot of buses go through university property, I can’t take the bus anymore. I just need to know how far I have to redirect my route.
I also live literally on the border of university-owned property, which is a huge problem.
The trespass notice also, if it helps, says as follows:
“You are hereby notified that you are on private property owned by the University of Notre Dame. As private property holder, the University has the right to tell you to leave University property. By copy of this notice, the University is providing you with written notice that you must leave University property and that you may not return to any property owned by the University in the future. If you are ever found on University property again, you will be arrested for criminal trespass pursuant to IND. CODE 35-43-2-2. The University will retain a copy of this notice for that purpose.”
EsquireChamp
Hey there! I’m Esquirechamp, an attorney with many years of experience. Just so you are aware, this service provides legal information only — no attorney-client relationship is formed from our conversation.
EsquireChamp
I understand you’ve received a trespass notice from the University of Notre Dame and are concerned about whether you can still walk along public roads near university property. That’s a very reasonable concern — and it’s important to understand where the university’s authority ends and where public access begins.
1. What a trespass notice means
-
A trespass notice is a written warning issued by a property owner (or their authorized representative) telling someone they are no longer permitted to enter or remain on private property. Once such a notice is issued, returning to or remaining on that property can lead to a criminal trespass charge or citation under general trespass laws.
Private universities typically have full authority to control access to their campus grounds, buildings, parking areas, and private roads that they own or maintain. However, this authority does not extend to public rights-of-way, such as city or county streets, sidewalks, or public easements. Those remain open to the general public unless specifically restricted by local government ordinance.
2. Clarifying property boundaries
To stay in full compliance with the trespass order, you should:
- Request clarification in writing from the university (for example, from campus police or the university’s general counsel) identifying the exact areas covered by the notice.
- Check local property maps or municipal GIS data to verify which roads and sidewalks are publicly maintained.
- Keep records of your inquiries and any correspondence you receive — this will help if there’s ever a misunderstanding about the scope of the trespass order.
If the university’s notice appears to include public roads or sidewalks, that may be overly broad and inconsistent with general public-access rights. An attorney familiar with property or constitutional law can help determine whether the restriction exceeds lawful boundaries.
3. Staying compliant and finding alternative routes
Until the boundaries are clarified, it’s safest to:
- Avoid walking on or through any clearly marked university property, including parking lots, driveways, or interior walkways.
- Use public streets and sidewalks that are under municipal or county control.
- Consider alternate routes that clearly remain off campus property to prevent potential misunderstandings.
If the university’s enforcement interferes with your ability to use public space or public rights-of-way, there may be constitutional issues involving freedom of movement and due process under the First and Fourteenth Amendments.
4. Next step
- Get written clarification from university officials identifying which areas are off-limits.
- Consult an attorney if the order seems to restrict access to public areas or if campus police continue to enforce the notice in places that are open to the public.
- Avoid any direct contact or confrontation with campus security while seeking clarification.
Bottom line
A trespass notice applies only to private property owned or controlled by the issuing institution. It does not prohibit you from traveling on public roads or sidewalks, even if those areas run alongside or through university grounds. Confirming property boundaries and documenting your compliance will help you avoid future issues while protecting your rights under general U.S. property and constitutional law.
Thank you for your time.
EsquireChamp
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