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12 Cards in this Set
- Front
- Back
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In a democracy "Rights" of Private Property are relative to what?
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The rights and privileges of others and balanced against similar and superior rights.
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14th Amendment to U.S. Constitution
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due process and the equal protection of the law
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5th Amendment to the Federal Constitution
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prohibits government from taking private property for public use without "just compensation," the basis of eminent domain
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Example of Balancing Rights
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Free Speech (1st Amendment) guaranteed on public property yet prohibited on purely private property.
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Robins v. Pruneyard Shopping Center
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CA Supreme Court Ruling - free speech overrides private property rights in public use such as shopping centers (1979).
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Local Gov uses zoning and building codes to control development standards. This is called?
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Police Power
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Natural Rights Doctrine
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property exists independent of law and cannot be taken away by the legislature. (Lord of your Land)
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Creation of Law Doctrine
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property is a creation of law and has no existence without protection of the law. (theory accepted today)
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Ownership or Property in modern societies
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basis of expectations--a bundle of rights--created by, and protected through laws. (forms legal concept of property rather than the land, buildiings, etc)
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Not Absolute but Abolishable
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collective rights known as property are protected by law but they are not absolutes and guaranteed to the owner.
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In re Estate of Larkin
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CA Case Ruling the State Holds "rights of succession" to inherit property; ruled in favor of leaving estate to Russian citizen (1966)
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In re Estate of Larkin
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CA Case Ruling the State Holds "rights of succession" to inherit property; ruled in favor of leaving estate to Russian citizen (1966)
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