Property II - Outline - Rothstein

Property II - Outline - Rothstein - 1 Property II OUTLINE...

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Property II – OUTLINE – Rothstein – Spring 2008 – Chad Propst Terms to use on exam and Rothsteinisms– 1. Other land causes of action (than trespass or nuisance) a. Interference with the Support of Land i. applies to both lateral and subjacent support – if the withdrawal of the support is sufficient to cause subsistence of the land in its natural condition, the liability is strict and no showing of fault on the part of the D is required b. Interference with the Use of Water – riparian rights 2. Servitude – the subjection of property to an easement. 3. Per se taking – Taking, as matter of law 4. Ad hoc, factual inquiries required when looking at regulatory takings, according to the Supreme Court; “case-by-case basis.” 5. Bundle of rights / Web of interests 6. Know Penn Central & Euclid, and some of the important SCT cases pertaining to takings/regulatory takings for exam 7. Variance – Relief that allows a property owner to avoid the restrictions of a zoning ordinance in a particular case. a. Virtually all zoning ordinances have a provision for the granting of these. 8. Spot Zoning – occurs when a single parcel (or very few parcels) of land is/are restricted in use in a way inconsistent with its/their surroundings. a. This practice is illegal , unless it has a justification as part of a comprehensive plan to serve the general welfare of the public. 9. NIMBY – Not in my backyard. 10. Brandeis-type brief – mention this on exam 11. Special-use permit consider this on exam as exception to the zoning rule; if a party can’t get an area zoned for what they want via the regular channel, maybe they can get a “special-use permit. 12. “Big Three” – challenges to zoning recognized in hornbook: a. Takings (5th Amend.) b. Due Process (14th Amend.) c. Equal Protection (14th Amend.) 13. Set Back 14. Restraint on alienation – reasonable v. unreasonable? 15. Successors in interest – X y Z – vertical privity-related term 16. Courts disfavor unreasonable restraint on alienation – covenants and equitable servitudes chapter – wacky restraints on alienation would be covenants that are more personal than anything – that don’t run with the land – more like a personal K – in fact, think if the two orig. parties could continue the promise without the land. 17. Urban renewal project Week One -- Trespass to Land Trespass usually requires the PHYSICAL INVASION of another’s land. This is true whether it is INTENTIONAL or UNINTENTIONAL. Trespass also requires that the invasion be WRONGFUL. What are some rightful invasions or privileged invasions? PERMISSIVE (granted by owner/possessor) Tenancies; easements, profits, licenses, entries by mortgagors, landlords 1
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PRIVILEGED (by law) Public officers (police, safety inspectors, etc.) Private areas that have become public areas (shopping centers) and entry is for free speech purposes These entries are TEMPORARY and for a LIMITED PURPOSE @@ Hybrid trespass to land – (“modern” rule)
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This note was uploaded on 04/18/2011 for the course LAW 101 taught by Professor Many during the Spring '11 term at University of Louisville.

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Property II - Outline - Rothstein - 1 Property II OUTLINE...

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