Public and Private Lands Percentages Below are the percentages of public and private lands in each state in the United States. Figures for total areas of states reflect land acreage only and are from the US Bureau of the Census, Statistical Abstract of the United States: 1991 (11th ed.) Washington, DC, 1991, p.201.
Windows lets you set each network you connect to as either a “Private” or “Public” network. When you connect to a network the first time, Windows 10 asks if you want your computer to be discoverable or not by other computers.
This option helps Windows understand the type of network you’re connecting to so it can select the correct settings. For example, Windows will behave much more conservatively on public networks than it will on your home network, boosting your security.
Public vs. Private
RELATED:What’s the Difference Between Private and Public Networks in Windows?
You can customize how Windows treats Private and Public networks, but here’s how it works by default.
On Private networks, Windows enables network discovery features. Other devices can see your Windows computer on the network, allowing for easy file sharing and other networked features. Windows will also use the Homegroup feature to share files and media between your PCs.
On Public networks–like those in coffee shops–you don’t want your computer to be seen by others, though, or share your files with them. So Windows turns off these discovery features. it won’t appear to other devices on the network and won’t try to discover them. Even if you’ve set up a Homegroup on your PC, it won’t be enabled on a public network.
It’s simple, really. Windows assumes that your private networks–like your home or work networks–are trusted networks full of other devices you may want to connect to. Windows assumes that public networks are full of other people’s devices you don’t want to connect to, so it uses different settings.
How to Switch a Network From Public to Private or Private to Public
You normally make this decision the first time you connect to a network. Windows will ask whether you want your PC to be discoverable on that network. if you select Yes, Windows sets the network as Private. If you select No, Windows sets the network as public. You can see whether a network is private or public from the Network and Sharing Center window in the Control Panel.
On Windows 7, you can click the link right below the network’s name here and set the network to either “Home Network,” “Work Network,” or “Public Network.” A Home network is a Private network, while a Work network is like a Private network where discovery is enabled but Homegroup sharing isn’t.
To switch a network to public or private on Windows 10, you’ll need to use the Settings app.
If you’re using a Wi-Fi connection, first connect to the Wi-Fi network you want to change. Launch the Settings app, select “Network & Internet,” select “Wi-Fi,” scroll down, and click “Advanced options.”
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If you’re using a wired Ethernet connection, connect to that network. Launch the Settings app, select “Network & Internet,” select “Ethernet,” and click the name of your Ethernet connection.
You’ll see a few options for whichever Wi-Fi or Ethernet network you’re currently connected to. The “Make this PC discoverable” option controls whether a network is public or private. Set it to “On” and Windows will treat the network as a private one. Set it to “Off” and Windows will treat the network as a public one.
It’s a bit confusing because the Control Panel still refers to “Public” and “Private” networks, while the Settings app just refers to whether a PC is “discoverable”. However, these are the same setting–it’s just worded and exposed in a different way. Toggling this switch in the Settings app will switch a network between Public and Private in the Control Panel.
How to Customize Discovery and Firewall Settings
Windows 10 is clearly trying to simplify things by omitting any further options from the Settings app and just referring to whether a network is “discoverable” or not. However, there are still a variety of options in the Control Panel that take effect differently on public and private networks.
To adjust discovery settings, open the Control Panel, select “View network status and tasks” under Network and Internet, and click “Change advanced sharing settings.” From here, you can control network discovery, file sharing, and Homegroup settings for public and private networks. You could even enable discovery on public networks, if you wanted to do this for some reason. Or, you could disable discovery on private networks. By default, older-style Windows “file and printer sharing” is disabled on both types of networks, but you can enable it on either or both.
RELATED:What’s the Difference Between Private and Public Networks in Windows?
The Windows Firewall also has different settings for private and public networks. In the Control Panel, you can click “System and Security” and then click “Windows Firewall” configure the built-in firewall’s options. For example, you could have Windows disable the firewall on private networks but enable it on public ones, if you liked–but we definitely don’t recommend this. You can also click “Allow an app or feature through Windows Firewall” and you’ll be able to adjust firewall rules to behave differently on public networks or private ones.
Set publicly accessible networks to public and ones at your home or workplace to private. if you’re not sure which–for example, if you’re at a friend’s house–you can always just set the network to public. You’d only need to set a network to private if you planned on using network discovery and file-sharing features.
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Nuisance
A legal action to redress harm arising from the use of one's property.
The two types of nuisance are private nuisance and public nuisance. A private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land. A public nuisance is a criminal wrong; it is an act or omission that obstructs, damages, or inconveniences the rights of the community.
Public Nuisance
The term public nuisance covers a wide variety of minor crimes that threaten the health, morals, safety, comfort, convenience, or welfare of a community. Violators may be punished by a criminal sentence, a fine, or both. A defendant may also be required to remove a nuisance or to pay the costs of removal. For example, a manufacturer who has polluted a stream might be fined and might also be ordered to pay the cost of cleanup. Public nuisances may interfere with public health, such as in the keeping of diseased animals or a malarial pond. Public safety nuisances include shooting fireworks in the streets, storing explosives, practicing medicine without a license, or harboring a vicious dog. Houses of prostitution, illegal liquor establishments, Gaming houses, and unlicensed prizefights are examples of nuisances that interfere with public morals. Obstructing a highway or creating a condition to make travel unsafe or highly disagreeable are examples of nuisances threatening the public convenience.
A public nuisance interferes with the public as a class, not merely one person or a group of citizens. No civil remedy exists for a private citizen harmed by a public nuisance, even if his or her harm was greater than the harm suffered by others; a criminal prosecution is the exclusive remedy. However, if the individual suffers harm that is different from that suffered by the general public, the individual may maintain a tort action for damages. For example, if dynamiting has thrown a large boulder onto a public highway, those who use the highway cannot maintain a nuisance action for the inconvenience. However, a motorist who is injured from colliding with the boulder may bring a tort action for personal injuries.
Some nuisances can be both public and private in certain circumstances where the public nuisance substantially interferes with the use of an individual's adjoining land. For example, Pollution of a river might constitute both a public and a private nuisance. This is known as a mixed nuisance.
Private Nuisance
A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
Examples of private nuisances abound. Nuisances that interfere with the physical condition of the land include vibration or blasting that damages a house; destruction of crops; raising of a water table; or the pollution of soil, a stream, or an underground water supply. Examples of nuisances interfering with the comfort, convenience, or health of an occupant are foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures. Moreover, a nuisance may also disturb an occupant's mental tranquility, such as a neighbor who keeps a vicious dog, even though an injury is only threatened and has not actually occurred.
An attractive nuisance is a danger likely to lure children onto a person's land. For example, an individual who has a pool on his property has a legal obligation to take reasonable precautions, such as erecting a fence, to prevent foreseeable injury to children.
Trespass is sometimes confused with nuisance, but the two are distinct. A trespass action protects against an invasion of one's right to exclusive possession of land. If a landowner drops a tree across her neighbor's boundary line she has committed a trespass; if her dog barks all night keeping the neighbor awake, she may be liable for nuisance.
Legal Responsibility
A private nuisance is a tort, that is, a civil wrong. To determine accountability for an alleged nuisance, a court will examine three factors: the defendant's fault, whether there has been a substantial interference with the plaintiff's interest, and the reasonableness of the defendant's conduct.
Fault Fault means that the defendant intentionally, negligently, or recklessly interfered with the plaintiff's use and enjoyment of the land or that the defendant continued her conduct after learning of actual harm or substantial risk of future harm to the plaintiff's interest. For example, a defendant who continues to spray chemicals into the air after learning that they are blowing onto the plaintiff's land is deemed to be intending that result. Where it is alleged that a defendant has violated a statute, proving the elements of the statute will establish fault.
Substantial Interference The law is not intended to remedy trifles or redress petty annoyances. To establish liability under a nuisance theory, interference with the plaintiff's interest must be substantial. Determining substantial interference in cases where the physical condition of the property is affected will often be fairly straightforward. More challenging are those cases predicated on personal inconvenience, discomfort, or annoyance. To determine whether an interference is substantial, courts apply the standard of an ordinary member of the community with normal sensitivity and temperament. A plaintiff cannot, by putting his or her land to an unusually sensitive use, make a nuisance out of the defendant's conduct that would otherwise be relatively harmless.
Reasonableness of Defendant's Conduct If the interference with the plaintiff's interest is substantial, a determination must then be made that it is unreasonable for the plaintiff to bear it or to bear it without compensation. This is a Balancing process weighing the respective interests of both parties. The law recognizes that the activities of others must be accommodated to a certain extent, particularly in matters of industry, commerce, or trade. The nature and gravity of the harm is balanced against the burden of preventing the harm and the usefulness of the conduct.
The following are factors to be considered:
- Extent and duration of the disturbance;
- Nature of the harm;
- Social value of the plaintiff's use of his or her property or other interest;
- Burden to the plaintiff in preventing the harm;
- Value of the defendant's conduct, in general and to the particular community;
- Motivation of the defendant;
- Feasibility of the defendant's mitigating or preventing the harm;
- Locality and suitability of the uses of the land by both parties.
Zoning boards use these factors to enact restrictions of property uses in specific locations. In this way, zoning laws work to prohibit public nuisances and to maintain the quality of a neighborhood.
Defenses
In an attempt to escape liability, a defendant may argue that legislation (such as zoning laws or licenses) authorizes a particular activity. Legislative authority will not excuse a defendant from liability if the conduct is unreasonable.
A defendant may not escape liability by arguing that others are also contributing to the harm; damages will be apportioned according to a defendant's share of the blame. Moreover, a defendant is liable even where his or her actions without the actions of others would not have constituted a nuisance.
Defendants sometimes argue that a plaintiff 'came to a nuisance' by moving onto land next to an already operating source of interference. A new owner is entitled to the reasonable use and enjoyment of his or her land the same as anyone else, but the argument may be considered in determining the reasonableness of the defendant's conduct. It may also have an impact in determining damages because the purchase price may have reflected the existence of the nuisance.
Remedies
Redress for nuisance is commonly monetary damages. An Injunction or abatement may also be proper under certain circumstances. An injunction orders a defendant to stop, remove, restrain, or restrict a nuisance or abandon plans for a threatened nuisance. In public nuisance cases, a fine or sentence may be imposed, in addition to abatement or injunctive relief.
Injunction is a drastic remedy, used only when damage or the threat of damage is irreparable and not satisfactorily compensable only by monetary damages. The court examines the economic hardships to the parties and the interest of the public in allowing the continuation of the enterprise.
A Self-Help remedy, abatement by the plaintiff, is available under limited circumstances. This privilege must be exercised within a reasonable time after learning of the nuisance and usually requires notice to the defendant and the defendant's failure to act. Reasonable force may be used to employ the abatement, and a plaintiff may be liable for unreasonable or unnecessary damages. For example, dead tree limbs extending dangerously over a neighbor's house may be removed by the neighbor in danger, after notifying the offending landowner of the nuisance. In cases where an immediate danger to health, property, or life exists, no notification is necessary.
Further readings
Cleary, Joseph W. 2002. 'Municipalities Versus Gun Manufacturers: Why Public Nuisance Claims Just Do Not Work.' University of Baltimore Law Review 31 (spring).
Dodson, Robert D. 2002. 'Rethinking Private Nuisance Law: Recognizing Esthetic Nuisances in the New Millennium.' South Carolina Environmental Law Journal 10 (summer).
Fischel, William A. 1985. The Economics of Zoning Laws: A Property Rights Approach to American Land Use Controls. Baltimore, Md.: Johns Hopkins Univ. Press.
Paul, Ellen Frankel, and Howard Dickman, eds. 1990. Liberty, Property, and the Future of Constitutional Development. Albany: State Univ. of New York Press.
Scott, Michael S. 2001. Loud Car Stereos. Washington, D.C.: U.S. Dept. of Justice, Office of Community Oriented Policing Services.
Wade, John W., et al. 1994. Prosser, Wade, and Schwartz's Cases and Materials on Torts. 9th ed. Westbury, N.Y.: Foundation Press.
Cross-references
Land-Use Control; Tort Law.