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Property Outline - Property Outline A Metaphors and...

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Property Outline A. Metaphors and Themes (What is Property?) a. Bundle of Sticks -classic theory; government must protect these rights for them to mean anything; includes the rights to: (EQUA DOIM) i. Exclude others ( the most important stick in the bundle ) ii. Quiet enjoyment iii. Use the land iv. Alienate (sell/lease/give away) v. Develop the property/natural resources vi. Possess or Occupy vii. Receive/earn Income from the property viii. Manage the property b. Web of Interests -more modern theory, likely preferred by Arnold i. Property is in the center, and there are several strings attached 1. Each represents an entity with a different interest in the property ii. Balancing different interests in property c. Types of Property i. Real property -land and fixtures permanently attached to it ii. Personal property -chattels; includes tangible goods and intangibles B. Functions of Property (use policy analysis when it could go either way) (SEEPA) a. Preserves Social order/stability -you don’t want someone else taking your property b. Economic functions -companies wouldn’t exist, because they wouldn’t make money because everyone would take their product and sell it as their own i. Locke’s idea of property being the “fruits of labor,” which is a dessert theory that you deserve something when you put your labor in it ii. Bentham emphasized expectations and the resulting utilitarianism – essentially property exists to provide the greatest utility to the greatest number of people 1. Locke and Bentham both promoted investment and production iii. Marx thought of the distributive nature of property – he believed the workers should own the products they sell c. Environmental Protection -people would just dump all kinds of stuff in the river (just because it’s easier) if they weren’t stopped d. Personhood /Identity interests -you can keep stuff you want; we form our identity in part in relation to things [important according to tutor] e. Freedom and Autonomy -people would take over all of your stuff (house, etc.); relates back to (a) C. Trespass to Land & The Right to Exclude a. Trespass Defined – an intrusion or invasion on another’s property without their permission; simply going on the property isn’t enough, must be i/i b. Right to Exclude – most important right in bundle of sticks, but is not absolute; limits are as follows i. Cannot use right to hurt rights of others ii. Sometimes cannot use right to limit free speech (esp. in places open to public, such as malls) c. 3 Part Test to Determine if Trespass to Chattels Occurred Current as of 4/19/2011 Page 1 of 26
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i. Harmful to physical condition, quality, or value of chattel ii. Deprived of use of chattel for substantial time iii. Some other legally protected interest is affected d. Jacque v. Steenberg Homes i. Δ drove trailer over Π’s property without permission ii. Rule – punitives can be awarded after egregious violations of property rights with no harm to the property – right to exclude most important e. Intel Corporation v. Hamidi i.
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