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Property

Products (Total Items: 33 )

Fifth amendment, eminent domain just compensation, public purpose, takings of private property, private economic development.

Penn Central Transportation Company v. City of New York

Eminent domain clause; takings clause, landmark, payment of just compensation.

Lucas v. South Carolina Coastal Council

Eminent domain clause; takings clause, nuisance, regulation, payment of just compensation.

Tahoe Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

Moratorium on develepment as eminent domain clause; takings clause, payment of just compensation.

the firefighter's rule

Levandoski v. Cone; the firefighter's rule does not bar recovery from a tortfeasor who is neither a landowner nor a person in control of the premises; invitee; licensee.

Goodridge v. Department of Public Health

Same-sex partners are entitled to the benefits, liabilities, and obligations of civil marriage; gay rights; due process; equal protection; Massachusetts constitution.

Jones v. Lee

Loss of the bargain rule; when buyers refuse to perform, seller damages are purchase price minus market value of the property at time of breach. Compensatory damages, earnest money, punitive damages, rescission, specific performance.

Kutzin v. Pirnie

Party in breach is entitled to restitution of any contractual deposit for benefit conferred by part performance or reliance in excess of loss caused by breach. Forfeiture clause, liquidated damages, penalty clause, restitution, specific performance.

Domain Names are Intangible Property

Kremen v. Cohen & Network Solutions, Inc.; a domain name registrar may be liable for conversion of a registered name; bailee; bailment; third-party beneficiary; trespass to chattels.

No Injuction for Emails Sent By Employer Intranet

Intel Corp. v. Hamidi; trespass to chattels does not encompass an electronic communication that neither damages the recipient computer nor impairs its functionality.

Constructive Trust

Popov v. Hayashi; Barry Bonds history-making home run baseball sold to satisfy competing fans' claims; legally cognizable pre-possessory interest in abandoned property constitutes a qualified right to possession; cause of action for conversion.

Adverse Possession

Marengo Cave Co. v. Ross; subterranean use of property not open and notorious; the statute of limitations; actual, visible, notorious, exclusive, continuous, under a claim of ownership hostile to owner of legal title and world at large; quiet title action.

Riparian Rights

Orr v. Mortvedt; neighboring property owners can section off a man-made lake for their own use.

Eminent Domain

Kelo v. City of New London; takings of private property for use by other private citizens pursuant to a carefully considered economic development plan intended for a public purpose are valid under the Fifth Amendment if pay just compensation.

Shareholder Tenant Challenge to Residential Cooperative Corporation

40 West 67th Street Corp. v. Pullman; Levandusky established standard of review analogous to corporate business judgment rule for shareholder-tenant challenge to decision of residential cooperative corporation; declaratory judgment; ejectment.

Common Law Right of Privacy

White v. Samsung Electronics America, Inc.;The common law right of privacy prohibits the appropriation of one's identity, regardless of the means employed.;copyright; fair use; parody; right of privacy; right of publicity.

Waste by Life Tennant

Woodrick v. Wood; If a life tenant destroys a structure on the property, but such destruction does not decrease the value of the property, the remainder interest is not harmed and no actionable waste occurs; waste.

Creditor of a Spendthrift Trust

Broadway National Bank v. Adams; A creditor of a trust beneficiary is not entitled to payment of the trust income by assignment by the beneficiary, or otherwise directly from the trustee, if the terms of the trust prohibit such action; spendthrift trust.

Gay Marriage Ban

Varnum v. Brien; gay rights; a statute restricting civil marriage to a man and a woman violates the equal protection clause of the Iowa constitution.

Lender Unfair Trade Practice

Commonwealth v. Fremont Investment & Loan; lender commits an unfair trade practice when it makes adjustable rate home mortgage loans and reasonably knows borrower will default if not refinanced after introductory interest rate period expires.

Public Right to Beach Access

Raleigh Avenue Beach Association v. Atlantis Beach Club; public's right to enjoy shore below mean high water mark may require free access to shore across private property and public access to upland dry sand areas of said property.

Federal Religious Land Use and Institutionalized Persons Act of 2000

Guru Nanak Sikh Society of Yuba City v. County of Sutter; Local land use regulations require individualized assessments of proposed uses of property that impose substantial burdens on religious exercise.

Environmental Impact of Zoning Amendments

Fisher v. Giuliani; Review of agency determination of zoning amendment and environmental impact is limited to deciding if agency took hard look identified relevant areas environmental concern and made reasoned statement of basis.

Takings Clause

Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection; The Takings Clause protects property rights as they are established under state law, which is none here due to doctrine of avulsion. Takings analysis.

Patent Act

Diamond v. Chakrabarty; The language employed in the Patent Act is given broad application, such that a micro-organism that is the product of human ingenuity, as opposed to nature, is patentable. Property Law.

Public Policy

Eyerman v. Mercantile Trust Co.; Although public policy evades precise definition, senseless destruction of property serving no good purpose is held in disfavor. Property Law.

Copyrightable

Feist Publications, Inc. v. Rural Telephone Service Co.; Facts are not generally copyrightable, although compilations of facts may be. For copyright protection, the work must be original to the author. Even a slight amount of creativity will suffice.

Fair Use Doctrine

Harper & Row Publishers, Inc. v. Nation Enterprises; The prepublication use of verbatim excerpts from an as-yet unpublished work does not constitute fair use. Copyright Act. Property Law.

Abandonment of Personal Property

Hawkins v. Mahoney; The presumption or inference of intent to abandon one's property, based solely on the acts of the owner, is a rebuttable presumption. Property Law.

Takings Analysis

Koontz v. St. Johns River Water Management District; Fifth Amendment right to just compensation for property the government takes when owners apply for land-use permits; land use permit applicants are especially vulnerable. Property Law.

Public Trust Doctrine

Matthews v. Bay Head Improvement Association; The public's ability to exercise its rights under the public trust doctrine includes the right to pass across the upland beach. Property Law.

Foreclosure Requirements

U.S. Bank Natl. Assn. v. Ibanez; One who sells under a power of sale must strictly adhere to its terms; holder of the mortgage; mortgagor; mortgagee; holder of the note. Property Law.

Constructive Eviction

Village Commons, LLC v. Marion County Prosecutor's Office; tenant is relieved of obligation to pay rent if landlord deprives tenant of possession and beneficial use and enjoyment of any part of demised premises by eviction. Property Law.