TAKINGS
In a regulatory takings case, two legally distinct but commonly owned contiguous parcels should be combined for takings analysis purposes. What is the case and what is its test?
Murr; 1. Physical characteristics 2. How the state/local government law treats property 3. Prospective Value
Elements of adverse possession
Actual Possession
Open and Notorious
Exclusive
Continuous
Adverse/Hostile
Statutory Period
Substantial and unreasonable interference with the use or enjoyment of land.
Nuisance
Elements of a necessity defense
A clear imminent danger
Reasonable expectation that his or her action will be effective as the direct cause of abating the danger.
No legal alternative
legislature has not acted to preclude the defense.
Elements of a Prescriptive Easement
Actual USE
Open and notorious
Continuous
Adverse/Hostile
Statutory Period
1. Economic Impact of the regulation
2. The extent to which the regulation has interfered with reasonable investment-backed expectations.
3. The character of the government's action.
Ad hoc test, or Penn Central test
The general rule that succeeding periods of possession may be added together so long as the periods are in privity with one another.
Tacking
Coming to the nuisance; harmful activity established first.
Temporal Priority
When damages are tripled
Trebled
Created by actual agreement between owners of benefitted/burdened land.
Express Easement
Physical invasion or occupation by the authority of the government.
Per se taking
A type of claim that asks the court to grant a declaratory judgement that the adverse possessor has become the owner of the disputed property.
Quiet Title
Can privilege a serious harm to plaintiff if defendant's conduct is generally inoffensive.
Hypersensitivity
Federal law that prohibits segregation or discrimination on the basis of race, color, religion, and national origin.
Civil Rights Act of 1964, Title II
An easement where whoever owns the land benefits.
Appurtenant
Conditions imposed by a municipality that a landowner must meet before the municipality will issue the landowner a subdivision, building, or occupancy permit.
An exaction
A claim to title that seems legitimate but may not be due to some defect in the conveyance.
Color of Title
Substantial Harm + Positive Social Utility =
Damages
Principle that the public must be permitted access to the natural waters and the sand up to the mean high-water mark.
Public Trust Doctrine
Allows non-owners to collect resources from the land such as coal, water, or timber.
Profit
A state regulation that completely deprives private property of all its economic value constitutes a taking under the Fifth and Fourteenth Amendments that requires the payment of just compensation to the property owner, unless the economic activity prevented by the regulation is not part of the owner's initial title or property rights when acquiring the property.
The Lucas Rule.
Statutory provision that mandates that the statutory period does not begin to run until after the true owner's disability ends.
Tolling
Sic utere tuo ut alienum non laedas
Use your property so as to not harm someone else
A gift of real property from a private owner to the public at large; requires an offer by the owner and acceptance by the public.
Dedication
Requirement that certain kinds of contracts be memorialized in writing, signed by the party to be charged, with sufficient content to evidence the contract.
Statute of Frauds