Bundle of Sticks
The most essential right in the bundle
If a government regulation of private property goes "too far", a this taking occurs requiring compensation
What is a Regulatory Taking
A possessor of land may acquire this to it without permission of the legal owner
What is legal title
When property is Mislaid, it goes to this person
The premises owner unless the true owner returns
When the public as a whole is affected
What is a Public Nuisance
Adjacent landowners are strictly liable for actions or omissions that erode this
What is Lateral Support
When a property is physically taken
Adding together periods of adverse possession
What is Tacking
When the owner voluntarily relinquishes possession and title, the property is this
What is Abandoned
Continue Activity, Enjoin it, Pay damages
What are remedies to a nuisance
Surface owner has an absolute right to this
What is Subjacent Support
In a physical taking, what "public use" has evolved into
What is "public purpose"
Infancy, Insanity, Imprisonment
What are legal disabilities in terms of Adverse Possession
When the return of personal property can cost more than the property itself
Law of Salvage
Consent, easements, statute of limitations, knowledge
What are defenses to nuisance
Common law principle that government holds certain lands that is not a part of the bundle of sticks
What is the Public Trust Doctrine
The Elements of the Balancing/Penn Central Test
What are: interference with distinct investment-backed expectations, characterizing of government's actions, economic impact of regulation on claimant
Gives owner additional years after this lifts to bring an ejectment claim
What is a Legal Disability
The elements of Gifts Inter Vivos (3)
What is: intent to give the gift, delivery to donee, acceptance by the donee
A nuisance can be an exception to this
The Takings Clause
According to Thurgood Marshall, this chops through the bundle of sticks taking a slice of every stick
What is a physical taking
The Lucas Test
What is if a regulation removes all economically beneficial uses of a property the owner has suffered a per se taking requiring just compensation
The elements of Adverse Possession (6)
What are: actual, exclusive, notorious and open, adverse, under a claim of right, continuous for a statutory period
The elements of a Gift Causa Mortis
What is: death must be imminent, donor must die of contemplated reason, revoked upon survival
The elements of a Private Nuisance (5)
What are: substantial interference, use and enjoyment of the land, unreasonable, non-trespassory, intentional