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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. |
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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. |
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Systems for determining the allocation of water in watercourses |
riparian doctrine prior appropriation doctrine |
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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. |
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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. |
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how are rights determined under prior appropriation doctrine |
priority of beneficial use (including agriculture)
Nor for allocation is first in time, first in right. |
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Surface owner rights to groundwater (beneat surface) |
surface owner is entitled ot make reaosnable use of ground water, but must NOT be wasteful. |
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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 |
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Trespass |
Invasion of land by physical object |
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Cause of action to remove trespasser |
ejectment |
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Private nusisance |
substantial unreasonable interference with another's use and enjoyment of land.
Not tangible physical invasion like trespass.
odors, noise, etc. |
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Hypersensitive Plainitff rule for Nuisance |
No nuisance exists when teh proble is due to hyper sensitive or specialized use. |
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Explicit taking |
Govenrmental condemnation |
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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 |
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Remedy for regulatory taking |
1. compensation
2, termination of regulation an dpayment to owner for damages that occurred while the regulation was in effect. |
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Zoning ordinance defined |
Pursuant to its police power, government may enact statutes to reaosnably control land use. |
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Variance |
an administrative action grnated/denied to achive flexibility in zoning. |
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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 |
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Exactions |
Amenities govenrment seeks in exchange for granting permission to bulid. |
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Exactions standard |
Always suspect.
Must be reasonably related in anture and scoep to the impact of teh proposed devleopment. |
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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 |
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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 |