82-662: Resumption may refer to: Eminent domain The Specie Payment Resumption Act of 1875 Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Resumption . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Resumption&oldid=933083880 " Category : Disambiguation pages Hidden categories: Short description
164-546: A Government work". Local government authorities (such as City or District councils) are also empowered under the same section to acquire land for "local work for which it has financial responsibility." In the Bahamas, the Acquisition of Land Act operates to permit the acquisition of land where it is deemed likely to be required for a public purpose. The land can be acquired by private agreement or compulsory purchase (s7 of
246-401: A JTWROS deed in equal shares, so each tenant must own an equal share of the property regardless of any contribution to the purchase price. If the property is someday sold or subdivided, the proceeds must be distributed equally with no credits given for any excess that any one co-owner may have contributed to purchase the property. The death of a co-owner of tenants in common (TIC) deed will have
328-502: A farm owner in New Jersey employed several migrant workers who lived on the property during the harvest season. The Supreme Court of New Jersey held that the owner was not entitled to exclude social services and legal counsel from entering the property to provide service to the migrant workers residing on the property. Historically, a landowner had the absolute right to use his property in any way he wished, as long as he did not harm
410-445: A general or a special law which authorizes expropriation for the public benefit or the national interest, duly qualified by the legislator. The expropriated party may protest the legality of the expropriation action before the ordinary courts of justice and shall, at all times, have the right to indemnification for patrimonial harm actually caused, to be fixed by mutual agreement or by a sentence pronounced by said courts in accordance with
492-455: A heritable portion of the estate in proportion to his ownership interest which is presumed to be equal among all tenants unless otherwise stated in the transfer deed . However, if TIC property is sold or subdivided, in some States, Provinces, etc., a credit can be automatically made for unequal contributions to the purchase price (unlike a partition of a JTWROS deed). Real property may be owned jointly with several tenants, through devices such as
574-400: A joint tenancy with rights of survivorship deed or JTWROS, the death of one tenant means that the surviving tenants become the sole owners of the estate. Nothing passes to the heirs of the deceased tenant. In some jurisdictions, the specific words "with right of survivorship" must be used, or the tenancy will assume to be tenants in common without rights of survivorship. The co-owners always take
656-416: A lawsuit that seeks official recognition of a property right is known as an actio in rem (action in relation to a thing). This contrasts with an actio in personam in which the plaintiff seeks relief for the actions of a particular person. The distinction can be subtle; the medieval action of novel disseisin , although aimed at repossessing land, was not an actio in rem because it was brought against
738-619: A matter of Australian law, all land was originally owned by the Crown before it was sold, leased or granted and that, through the act of compulsory acquisition, the Crown is "resuming" possession. In New Zealand, the Public Works Act 1981 outlines the powers of the state in relation to land used for public purposes. Under Section 16 of the Public Works Act 1981 the Minister is "empowered to acquire under this Act any land required for
820-523: A mine seized during World War II). In most takings owners are not compensated for a variety of incidental losses caused by the taking of their property that, though incurred and readily demonstrable in other cases, are deemed by the courts to be noncompensable in eminent domain. The same is true of attorneys' and appraisers fees. But as a matter of legislative grace rather than constitutional requirement some of these losses (e.g., business goodwill) have been made compensable by state legislative enactments, and in
902-581: A natural or de facto monopoly , and an essential service of public utility. The most famous nationalization in Italy was the 1962 nationalization of the electrical power sector . Article 33.3 of the Spanish Constitution of 1978 allows forced expropriation ( expropiación forzosa ) only where justified on the grounds of public utility or social interest and subject to the payment of appropriate compensation as provided for in law. The right of
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#1732772009896984-499: A new mansion. In one case, a homeowner directed the executor of her estate to destroy her historic home after her death. The Missouri court held that it would violate public policy to allow the destruction of the home. In the law of almost every country, the state is the ultimate owner of all land under its jurisdiction, because it is the sovereign , or supreme lawmaking authority. Physical and corporate persons do not have allodial title ; they do not own land but only enjoy estates in
1066-420: A partial taking provides economic benefits specific to the remainder, those must be deducted, typically from severance damages. Some elements of value, such as a business's connection to the location and the goodwill of the public , are only compensable in a few jurisdictions; where they are not, fair market value may be less than the value of the location to the current user. The practice of condemnation came to
1148-499: A right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But, when this is done, the state is bound to make good the loss to those who lose their property. The exercise of eminent domain is not limited to real property . Condemnors may also take personal property, even intangible property such as contract rights, patents , trade secrets , and copyrights . Even
1230-516: A series of documents) and does away with the conveyancing costs of such searches. The State guarantees title and is usually supported by a compensation scheme for those who lose their title due to the State's operation. It has been in practice in all Australian states and New Zealand since between 1858 and 1875, has more recently been extended to strata title , and has been adopted by many states, provinces and countries, and in modified form in 9 states of
1312-664: A state or municipality to buy property when it is determined to be of "particular public interest" is regulated in Expropriationslagen (1972:719). The government purchases the property at an estimated market value plus a 25% compensation. The law also states that the property owner shall not suffer economic harm because of the expropriation. After his victory in 1066, William the Conqueror seized virtually all land in England. Although he maintained absolute power over
1394-459: A statute was passed granting commissioners of sewers in Lincolnshire the power to take land without compensation. After the early 16th century, however, Parliamentary takings of land for roads, bridges, etc. generally did require compensation. The common practice was to pay 10% more than the assessed value. However, as the voting franchise was expanded to include more non-landowners, the bonus
1476-499: A valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character. The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities . Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In
1558-402: A verifiable and legal property description . Such a description usually makes use of natural or man-made boundaries such as seacoasts, rivers, streams, the crests of ridges, lakeshores , highways, roads, and railroad tracks or purpose-built markers such as cairns , surveyor 's posts, iron pins or pipes, concrete monuments, fences , official government surveying marks (such as ones affixed by
1640-697: Is available to the landowner, with the Lands Tribunal for Scotland dealing with any disputes arising from the value of compensation. As in England and Wales, the law of compulsory purchase in Scotland is complex. The current statutes regulating compulsory purchase include: the Lands Clauses Consolidation (Scotland) Act 1845 ( 8 & 9 Vict. c. 19); the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ; and
1722-705: Is compensated with a price agreed or stipulated by an appropriate person. Where agreement on price cannot be achieved, the value of the taken land is determined by the Upper Tribunal . The operative law is a patchwork of statutes and case law. The principal acts are the Lands Clauses Consolidation Act 1845 ( 8 & 9 Vict. c. 18), the Land Compensation Act 1961 , the Compulsory Purchase Act 1965 ,
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#17327720098961804-441: Is created from previously agricultural land. Usually urban land is more valuable than agricultural land; this creates the incentive to convert non-urban land to urban land. The value of the land is directly associated with its use. Zoning regulations regarding multi-story development are modified to intensify the use of cities, instead of occupying more physical space. To be of any value, a claim to any property must be accompanied by
1886-548: Is different from Wikidata All article disambiguation pages All disambiguation pages Eminent domain Eminent domain , also known as land acquisition , compulsory purchase , resumption , resumption / compulsory acquisition , or expropriation , is the compulsory acquisition of private property for public use . It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without
1968-405: Is mitigated by more frequent and affordable maintenance and improvements. Starting in the 1960s, as part of the emerging field of law and economics , economists and legal scholars began to study the property rights enjoyed by tenants under the various estates and the economic benefits and costs of the various estates. This resulted in a much-improved understanding of the: For an introduction to
2050-469: Is not accepted in continental civil law, but can be understood in the context of legal developments during Bracton's lifetime. In thirteenth-century England the courts of canon law claimed broad authority to interpret wills , but inheritance of land remained a matter for the royal courts. Laws governing the conveyance of land and that of movable personal property then developed along different paths. In modern legal systems derived from English common law,
2132-504: Is not real property. In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property heritable property , and in French-based law, it is called immobilier ("immovable property"). The word "real" derives from Latin res ("thing"). Under European civil law,
2214-434: Is transferred can be regulated to avoid fraud, uncertainty, or other legal problems. An owner has a right to exclude any other person from his property. This has been described by the U.S. Supreme Court "as one of the most essential sticks" in the bundle. In general, the owner of a tract of land may prevent anyone else from entering upon it. This right is enforced by the tort of trespass . Some exceptions apply: for example,
2296-412: Is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property. The constitutionally required "just compensation" in partial takings is usually measured by fair market value of the part taken, plus severance damages (the diminution in value of the property retained by the owner [remainder] when only a part of the subject property is taken). Where
2378-461: Is usually determined by the language of the deed , lease , bill of sale , will , land grant , etc., through which the estate was acquired. Estates are distinguished by the varying property rights that vest in each and determine the duration and transferability of the various estates. A party enjoying an estate is called a "tenant". Some important types of estates in the land include: A tenant enjoying an undivided estate in some property after
2460-452: The Dutch jurist Hugo Grotius in 1625, which used the term dominium eminens ( Latin for "supreme ownership") and described the power as follows: The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have
2542-603: The Federal Court has extended the states' power to resume property to any form of physical property. For the purposes of section 51(xxxi), money is not property that may be compulsorily acquired. The Commonwealth must also derive some benefit from the property acquired, that is, the Commonwealth can "only legislate for the acquisition of Property for particular purposes". Accordingly, the power does not extend to allow legislation designed merely to seek to extinguish
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2624-798: The Land Compensation (Scotland) Act 1963 . The Scottish Law Commission considered the current state of the law of compulsory purchase and advocated reforms in its Discussion Paper on Compulsory Purchase . Such reforms have yet to be made by the Scottish Parliament . In Australia, section 51(xxxi) of the Australian Constitution permits the Commonwealth Parliament to make laws with respect to "the acquisition of property on just terms from any State or person for any purpose in respect of which
2706-568: The Land Compensation Act 1973 , the Acquisition of Land Act 1981 , part IX of the Town and Country Planning Act 1990 , the Planning and Compensation Act 1991 , and the Planning and Compulsory Purchase Act 2004 . In Scotland , eminent domain is known as compulsory purchase. The development of powers of compulsory purchase originated in the railway mania of the Victorian period . Compensation
2788-683: The National Geodetic Survey ), and so forth. In many cases, a description refers to one or more lots on a plat , a map of property boundaries kept in public records. These legal descriptions are usually described in two different ways – metes and bounds , and lot and block . A third way is the Public Land Survey System , as used in the United States. The law recognizes different sorts of interests called estates , in real property. The type of estate
2870-426: The civil law distinguishes between "movable" and "immovable" property. In English law, real property is not confined to the ownership of property and the buildings sited thereon – often referred to as "land". Real property also includes many legal relationships between individuals or owners of the land that are purely conceptual. One such relationship is the easement , where the owner of one property has
2952-788: The condominium , housing cooperative , and building cooperative . Property consists of what has been referred to as a "bundle of rights" or a "bundle of sticks." The most important "sticks" in the bundle are: the right to transfer, the right to exclude, the right to use, and the right to destroy. Also called alienability , the right to transfer means that the owner may freely transfer or alienate his property to anyone. The scope of this right may be limited for public policy reasons; who can transfer, what can be transferred, and how property may be transferred may be regulated. For example, an insane person may neither transfer nor obtain real property; certain types of property may not be transferred at all, while some can be given away but not sold; how property
3034-413: The manor . In the early common law, these are all classified as real property, as they would have been protected by real actions . Each U.S. State except Louisiana has its own laws governing real property and the estates therein, grounded in the common law . In Arizona , real property is generally defined as land and the things permanently attached to the land. Things that are permanently attached to
3116-508: The property of a person. For a structure (also called an improvement or fixture ) to be considered part of the real property, it must be integrated with or affixed to the land. This includes crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads. The term is historic, arising from the now-discontinued form of action , which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that
3198-400: The "acquisition or requisition of property" (Schedule VII, Entry 42, List III). It is this provision that has been interpreted as being the source of the state's "eminent domain" powers. The provisions relating to the right to property were changed a number of times. The 44th amendment of 1978 deleted the right to property from the list of Fundamental Rights. A new article, Article 300-A,
3280-511: The Act). Under section 24 of the Acquisition of Land Act, the purchaser may purchase the interest of the mortgagee of any land acquired under the Act. To do so, the purchaser must pay the principal sum and interest, together with costs and charges plus 6 months’ additional interest. In Canada, expropriation is governed by federal or provincial statutes. Under these statutory regimes, public authorities have
3362-631: The American colonies with the common law . When it came time to draft the United States Constitution , differing views on eminent domain were voiced. The Fifth Amendment to the Constitution requires that the taking be for a "public use" and mandates payment of "just compensation" to the owner. In federal law, Congress can take private property directly (without recourse to the courts) by passing an Act transferring title of
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3444-659: The Chinese form of eminent domain, are constitutionally permitted as necessary for the public interest, and if compensation is provided. The 2019 Amendment of the Land Administration Law of China spells out rather detailed guidelines, guaranteeing farmers and those displaced greater financial security. The Constitution of India originally provided for the Fundamental Right to property under Articles 19 and 31. Article 19 guaranteed to all citizens
3526-708: The European Court of Human Rights (ECtHR) provides that just compensation has to be paid in cases of expropriation. In France , the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation; and a déclaration d'utilité publique is commonly required, to demonstrate a public benefit. Notably, in 1945, by decree of General Charles de Gaulle based on untried accusations of collaboration with
3608-579: The Nazi occupier, the Renault company was expropriated from Louis Renault posthumously and nationalised as Régie Nationale des Usines Renault , without compensation. The Basic Law for the Federal Republic of Germany states in its Article 14 (3) that "an expropriation is only allowed for the public good" and just compensation must be made. It also provides for the right to have the amount of
3690-466: The Parliament has power to make laws." This has been construed as meaning that just compensation may not always include monetary or proprietary recompense, rather it is for the court to determine what is just. It may be necessary to imply a need for compensation in the interests of justice, lest the law be invalidated. Property subject to resumption is not restricted to real estate as authority from
3772-609: The Royal Decree n.2359 of 1865. Also other national and regional laws may apply, not always giving full compensation to the owner. Expropriation can be total (the whole property is expropriated) or partial; permanent or temporary. The article 42 of the Italian Constitution and the article 834 of the Italian Civil Code state that any private goods can be expropriated for public utility. Furthermore,
3854-521: The Territory government to acquire land subject to Native Title, effectively extinguishing the Native Title interest in the land. Kirby J in dissent, along with a number of commentators, viewed this as a missed opportunity to comment on the exceptional nature of powers of resumption exercised in the absence of a public purpose limitation. The term resumption is a reflection of the fact that, as
3936-639: The U.S. may be partially covered by provisions of the federal Uniform Relocation Assistance Act . Since the 1990s, the Zimbabwean government under Robert Mugabe has seized a great deal of land and homes of mainly white farmers in the course of the land reform movement in Zimbabwe . The government argued that such land reform was necessary to redistribute the land to Zimbabweans dispossessed of their lands during colonialism . These farmers were never compensated for this seizure. In China , "requisitions",
4018-637: The US. In the United Kingdom, the Crown is held to be the ultimate owner of all real property in the realm. This fact is material when, for example, the property has been disclaimed by its erstwhile owner, in which case the law of escheat applies. In some other jurisdictions (not including the United States), real property is held absolutely . English law has retained the common law distinction between real property and personal property, whereas
4100-537: The [former] owner. In theory, this is supposed to put the owner in the same position pecuniarily that he would have been in had his property not been taken. But in practice courts have limited compensation to the property's fair market value, considering its highest and best use. But though rarely granted, this is not the exclusive measure of compensation; see Kimball Laundry Co. v. United States (business losses in temporary takings) and United States v. Pewee Coal Co. (operating losses caused by government operations of
4182-484: The advent of industrialization, important new uses for land emerged as sites for factories, warehouses, offices, and urban agglomerations. The value of the real property, taking the form of man-made structures and machinery, generally decreases relative to the value of the land alone. Where industrial, agricultural, and commercial property values depreciate as a result of contamination, extraction, and expected wear and tear, respectively, residential property value depreciation
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#17327720098964264-510: The alleged dispossessor. Henry de Bracton 's Treatise on the Laws and Customs of England is credited with giving "real property" its particular meaning in English law. After discussing the distinction in civil law, Bracton proposed that actions for movable property were inherently actions for relief, and that therefore an actio in rem could be brought only upon immovable property. This view
4346-445: The area develops revolving around such natural resources, these developments become components to look for when determining land use and real property values. The surrounding development and proximity, such as markets and transportation routes, will also determine the value of the real property. Although the overall amount of land (in terms of its surface area) is fixed, the supply of specifically urban land may vary. Sometimes urban land
4428-413: The article 2 of the Constitution binds Italian citizens to respect their "mandatory duties of political, economic and social solidarity". The implementation of the eminent domain follows two principles: Nazionalizzazione ("nationalization"), instead, is provided for by article 43 of the Constitution; it transfers to governmental authority and property a whole industrial sector, if it is deemed to be
4510-404: The classification of property as real or personal may vary somewhat according to jurisdiction or, even within jurisdictions, according to purpose, as in defining whether and how the property may be taxed. Houseboats , for example, occupy a gray area between personal and real property, and may be treated as either according to jurisdiction or circumstance. Bethell (1998) contains much information on
4592-463: The compensation checked by a court. Esproprio – or more formally espropriazione per pubblica utilità ("expropriation for public utility") – in Italy takes place within the frame of civil law , as an expression of the potere ablatorio ( ablative power). The law regulating expropriation is the D.P.R. n.327 of 2001, amended by D.Lgs. n.302 of 2002; it supersedes the old expropriation law,
4674-611: The country's history most recently during the renationalization of YPF . which resulted in the expropriation of 51% of the energy company 's shares. Brazil's expropriation laws are governed by the Presidential Decree No. 3365 of June 21, 1941. Art. 19, No. 24, of the Chilean Constitution says in part, "In no case may anyone be deprived of his property, of the assets affected or any of the essential faculties or powers of ownership, except by virtue of
4756-460: The eminent domain action. Takings may be of the subject property in its entirety (total take) or in part (part take), either quantitatively or qualitatively (either partially in fee simple or, commonly, an easement, or any other interest less than the full fee simple title). The term "eminent domain" was taken from the legal treatise De jure belli ac pacis ( On the Law of War and Peace ), written by
4838-448: The expropriating authority by bringing a claim before the court or an administrative body appointed by the governing legislation. In Panama, the government must pay a fair amount of money to the owner of the property to be expropriated. Most states use the term eminent domain , but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. The term condemnation
4920-581: The government appears to have acted unfairly, the action can be challenged in a court of law by citizens. Land acquisition in India is currently governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , which came into force on 1 January 2014. Until 2013, land acquisition in India was governed by Land Acquisition Act of 1894 . However
5002-416: The historical evolution of real property and property rights. Real property is immobile. Owners cannot move their land to a better location, such as another city, for sale. Thus the fixed location of a parcel of land directly affects, and is a major determinant of, its value. However, products of the land, such as minerals and crops, can be transported. Changes that take place nearby will directly affect
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#17327720098965084-575: The land, he granted fiefs to landholders who served as stewards, paying fees and providing military services. During the Hundred Years' War in the 14th century, Edward III used the Crown's right of purveyance for massive expropriations. Chapter 28 of Magna Carta required that immediate cash payment be made for expropriations. As the king's power was broken down in the ensuing centuries, tenants were regarded as holding ownership rights rather than merely possessory rights over their land. In 1427,
5166-456: The land, which also can be referred to as improvements , include homes, garages, and buildings. Manufactured homes can obtain an affidavit of affixture. Land use, land valuation, and the determination of the incomes of landowners are among the oldest questions in economic theory. Land is an essential input ( a factor of production ) for agriculture, and agriculture is by far the most important economic activity in pre-industrial societies. With
5248-478: The land. In many countries, the Torrens title system of real estate ownership is managed and guaranteed by the government and replaces cumbersome tracing of ownership. The Torrens title system operates on the principle of "title by registration" (i.e. the indefeasibility of a registered interest) rather than "registration of title". The system does away with the need for a chain of title (i.e. tracing title through
5330-409: The law." Since 1967, the encyclical Populorum progressio , an encyclical on Catholic social teaching by Pope Paul VI , allows the expropriation of land estates for common good needs. Real property In English common law , real property , real estate , immovable property or, solely in the US and Canada, realty , refers to parcels of land and any associated structures which are
5412-412: The mid-20th century, a new application of eminent domain was pioneered, in which the government could take the property and transfer it to a private third party for redevelopment. This was initially done only to a property that has been deemed "blighted" or a "development impediment", on the principle that such properties had a negative impact upon surrounding property owners, but was later expanded to allow
5494-590: The new LARR (amendment) ordinance 31 December 2014 diluted many clauses of the original act. The liberalisation of the economy and the Government's initiative to set up special economic zones have led to many protests by farmers and have opened up a debate on the reinstatement of the fundamental right to private property. In many European nations, the European Convention on Human Rights provides protection from an appropriation of private property by
5576-492: The previous owner's title. The states and territories' powers of resumption on the other hand are not so limited. The section 43(1) of the Lands Acquisition Act 1998 (NT) grants the Minister the power to acquire land 'for any purpose whatever'. The High Court of Australia interpreted this provision literally, relieving the Territory government of any public purpose limitation on the power. This finding permitted
5658-461: The real property's value. Real property is vulnerable to externalities due to its immobile nature. External factors outside of the real property will affect the value of the real property, for example, the noises that neighboring people and construction sites produce. A location of desired resources will draw attention to the location. Natural locational attractions include water supply, climate, soil fertility, water frontage, and mineral deposits. As
5740-404: The right to "acquire, hold and dispose of property". Article 31 provided that "No person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property had been "taken possession of or acquired" for public purposes. In addition, both the state government as well as the union (federal) government were empowered to enact laws for
5822-477: The right to acquire private property for public purposes, so long as the acquisition is approved by the appropriate government body. Once a property is taken, an owner is entitled to "be made whole" by compensation for: the market value of the expropriated property, injurious affection to the remainder of the property (if any), disturbance damages, business loss, and special difficulty relocating. Owners can advance claims for compensation above that initially provided by
5904-401: The right to pass over a neighboring property. Another is the various "incorporeal hereditaments", such as profits-à-Prendre , where an individual may have the right to take crops from land that is part of another's estate. English law retains several forms of property that are largely unknown in other common law jurisdictions such as the advowson , chancel repair liability and lordships of
5986-571: The rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions." Again, this is subject to exceptions where state deprivation of private possessions is in the general or public interest , is in accordance with law, and, in particular, to secure payment of taxes . Settled case-law of
6068-476: The rights of others. This concept is embodied in the Latin maxim sic utere tuo ut alienum non-laedas , which broadly translates to: use your own property in a manner that does not injure another person's property. As a general rule, a landowner is entitled to use their land as they see fit. The scope of this right is limited in some aspects. For example, an owner may not build a "spite fence" that substantially affects
6150-449: The state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home, and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security , public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of
6232-568: The subject property directly to the government. In such cases, the property owner seeking compensation must sue the United States for compensation in the U.S. Court of Federal Claims. The legislature may also delegate the power to private entities like public utilities or railroads, and even to individuals. The U.S. Supreme Court has consistently deferred to the right of states to make their own determinations of "public use". In Argentina expropriations are governed by federal law 21.499 of January 17, 1977. It has been used in many locations throughout
6314-582: The taking of a professional sports team 's franchise has been held by the California Supreme Court to be within the purview of the "public use" constitutional limitation, although eventually, that taking (of the Oakland Raiders ' NFL franchise) was not permitted because it was deemed to violate the interstate commerce clause of the U.S. Constitution. A taking of property must be accompanied by payment of "just compensation" to
6396-457: The taking of any private property when the new third-party owner could develop the property in such a way as to bring in increased tax revenues to the government. Some jurisdictions require that the taker make an offer to purchase the subject property, before resorting to the use of eminent domain. However, once the property is taken and the judgment is final, the condemnor owns it in fee simple , and may put it to uses other than those specified in
6478-414: The termination of some estate of limited term is said to have a "future interest". Two important types of future interests are: Estates may be held jointly as joint tenants with rights of survivorship or as tenants in common . The difference between these two types of joint ownership of an estate in land is basically the inheritability of the estate and the shares of interest that each tenant owns. In
6560-488: The use of the neighbor's land (e.g. a hotel owner built a wall 85 ft (26 metres) long and 18 ft (5.5 metres) high that blocked the windows of a neighboring hotel owner). It is inevitable that most property will eventually be destroyed. A termite-infested house that has outlived its useful life may be demolished to build a new one. However, the scope of this right can be limited. For example, most jurisdictions may not allow an owner to destroy something of substantial value, like
6642-402: Was added to the constitution to provide, "No person shall be deprived of his property save by authority of law." Thus, if a legislature makes a law depriving a person of his property, it will not be unconstitutional. The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If
6724-405: Was eliminated. In spite of contrary statements found in some American law, in the United Kingdom, compulsory purchase valuation cases were tried by juries well into the 20th century, such as Attorney-General v De Keyser's Royal Hotel Ltd (1919). In England and Wales , and other jurisdictions that follow the principles of English law , the related term compulsory purchase is used. The landowner
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