Is it legal for me to glean fruit from private gardens if the fruit is overhanging a public sidewalk?
I consulted the King County Law Library, and they referred me to a chapter in the book Neighbor Law which addresses a slightly different situation, of fruit overhanging a property line between neighbors. In that case, "the location of a tree's trunk determines who owns the tree. If the trunk stands next door, the tree, branches, leaves, and [fruit] belong to your neighbor. You may not legally help yourself to the fruit." Each state may have slightly different laws, and they do not always address branches that overhang a public sidewalk. (In some states, like Mississippi, where pecans are a high-value crop, it is a misdemeanor even to collect fallen nuts on a public sidewalk during harvest season, and doing so can result in a fine and up to a month in jail.)
Given the dubious legality of gleaning from private property without permission, it makes more sense to join organized efforts to harvest unused fruit and vegetables.
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