Property

Front 1

Trespass

Back 1

Def:

-- invasion of land by physical object

To remove:

-- ejectment action

Front 2

Private Nuisance

Back 2

Def:

-- Substantial intereference with another's use and enjoyment of land

Unlike trespass:

-- no need for physical invasion

Includes:

-- odors and noise

Hypersensitive Plaintiff:

-- no nuisance when problem is caused by P's hyopersensitivity

Front 3

Eminent Domaint

Back 3

Definition:

-- Gov't's 5th amendment power to take private property for public use in exchange for just compensation

Explicit Takings:

-- highway through your land

3. Implicit or Regulatory Taking:

-- regulation that although not intended to be a taking, has the same effect

------- economic wipout of investment

a. Remedy:

-- 1) compensate owner, or

-- 2) end regulation and pay owner damages while reg was in effect