Property II Spring 2009 Final Exam Thought Question

Property II Spring 2009 Final Exam Thought Question - of...

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Property II Spring 2009 Professor Tony Arnold “Thought” Question for the Final Exam Much of the material covered in Property II is about how property law defines the relationships between a private property owner’s rights to use his/her/its property and the government’s authority to protect the public’s interests in healthy and safe conditions, protected natural environments, economic development, the rights of neighbors, and the like. Discuss one of the two statements below (A or B), indicating whether you agree or disagree with the statement. You MUST identify on your exam answer which of the two statements you have chosen to address. You MUST use specific examples from at least three
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Unformatted text preview: of the following subjects: 1) nuisance; 2) eminent domain/public use; 3) zoning, planning, and land use regulation; 4) takings; 5) water rights; 6) the public trust doctrine; 7) use and regulation of environmentally sensitive lands; 8) easements; 9) covenants. You MUST expressly address the limits to your arguments, weaknesses in your arguments, or counter-arguments. A. The law has changed over time to function better at balancing private rights and public interests. B. Negotiation, mediation, or collaborative problem-solving are necessary to achieve a balance of private rights and public interests that the law cannot achieve by itself....
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