Comment Property Rights are a Separate Issue (Score 1) 543
The couple is seeking compensation for devaluation of their property and mental stress that resulted from Google's actions. The legality of Google's action or presence on the road is a completely separate matter and not part of their claim (according to the article).
That said, Google's not in any trouble at all. If private property is open to the public the owner cannot claim an individual is trespassing without first informing the individual their presence is unwanted and giving that individual an opportunity to leave.
Further, it is unreasonable to believe that one's property will not be photographed simply because it lies on a private road. What if their neighbors collectively photographed the property from every angle and sold the pictures to Google?