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22 Cards in this Set

  • Front
  • Back

When is excavator liable for improved land that caved in?

If land is improved by buliding and an adjacent landowner's excavation causes that improved land to cave in, liable if negligent.

When does strict liability attach to excavator's actions?

When plainitff showst aht because of defendant's actions plainitff's improved land would have collapsed even if ain its natural state.

Systems for determining the allocation of water in watercourses

riparian doctrine


prior appropriation doctrine

riparian doctrine

water belongs to those who own the land bordering watering course.


 


riparians share the reasonabel use of teh water.


 


cannot reasonably interfer with the others use.

prior appropriation doctrine

water belongs to teh state, but the right to divert it an duse it can be acquired by an indivdiual, regardless of whether or not he happens to b riparian owner.

how are rights determined under prior appropriation doctrine

priority of beneficial use (including agriculture)


 


Nor for allocation is first in time, first in right.

Surface owner rights to groundwater (beneat surface)

surface owner is entitled ot make reaosnable use of ground water, but must NOT be wasteful.

Surface water rights

Common Enemy Rule: A landowner may change drainage or make any other  changes or improvemetns on his land to combat the flow of surface water. 


 


Many courts prohibit unnecessary hamr to others land

Trespass

Invasion of land by physical object

Cause of action to remove trespasser

ejectment

Private nusisance

substantial unreasonable interference with another's use and enjoyment of land.


 


Not tangible physical invasion like trespass.


 


odors, noise, etc.

Hypersensitive Plainitff rule for Nuisance

No nuisance exists when teh proble is due to hyper sensitive or specialized use.

Explicit taking

Govenrmental condemnation

Implicit (Regulatory) taking

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


 


e.g. a complete ecnomic wipe-out of your investment

Remedy for regulatory taking

1. compensation


 


2, termination of regulation an dpayment to owner for damages that occurred while the regulation was in effect.

Zoning ordinance defined

Pursuant to its police power, government may enact statutes to reaosnably control land use. 

Variance

an administrative action grnated/denied to achive flexibility in zoning.

Nonconforming use standard

 A once lawful existing use now deemed nonconforming by a new zoning ordinance canno tbe eliminated all at once, UNLESS


 


just compensation paid

Exactions

Amenities govenrment seeks in exchange for granting permission to bulid.

Exactions standard

Always suspect.


 


Must be reasonably related in anture and scoep to the impact of teh proposed devleopment.

When a watercourse or body of water forms the boundary of a parcel of real property, the legal boundary line is __________.

changed by a slow, imperceptible change in the watercourse

What is the result of the sudden, perceptible change of a watercourse that serves as a boundary to real property (avulsion)?

No change to the riparian landowners’ property rights