Treasure Trove May 2021
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Four Property Wrongs of Self Storage
FOUR PROPERTY WRONGS OF SELF-STORAGE LAW Jeffrey Douglas Jones Table of Contents Introduction: Setting Aside the Constitutional Question I. The Wild, Wild Lease: Self-Storage Agreements and Default Practices A. Owner’s Liens B. Lien Attachment and Risk of Loss C. From Default to Lien Enforcement D. Lien Enforcement Transferring Title to Landlord E. Lien Enforcement by Public Auction II. The Property Wrongs of Self-Storage Law A. The “Crap” Rule B. Tort Law Misfires and the Elimination of Bailments C. Ignored Parallels to Residential Landlord-Tenant Reform D. Treasure Trove and Self-Storage Treasure Hunters III. Conclusion: Legal Reform, Voluntariness, and the Property Ethic “Own Less” Jeffrey Douglas Jones, Associate Professor of Law, Lewis & Clark Law School; J.D., The University of Michigan Law School-Ann Arbor; Ph.D. Philosophy, The University of Wisconsin-Madison. [Thanks] 1 Jones / Four Property Wrongs of Self-Storage Law Introduction: Setting Aside the Constitutional Question Self-storage leases are troubling. Under such leases, self-storage facility owners may freely dispose of defaulting tenants’ medical and tax records, family ashes, heirlooms, etc. in the same manner as they would treat fungible items such as chairs or a bookshelf. Facility owners are legally entitled to do so through facility-sponsored auctions, most of which are unrestricted by any duty to conduct commercially reasonable sales. Still worse, these legal self- storage practices have generated a clandestine culture of treasure-hunting that often leaves tenants—some of whom default due to medical emergencies, bankruptcy or who are homeless working poor—with little opportunity either to regain good standing or obtain fair market value for their belongings. -
Civil Law Property - the Law of Treasure and Lost Things Gerald L
Louisiana Law Review Volume 20 | Number 4 June 1960 Civil Law Property - The Law of Treasure and Lost Things Gerald L. Walter Jr. Repository Citation Gerald L. Walter Jr., Civil Law Property - The Law of Treasure and Lost Things, 20 La. L. Rev. (1960) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol20/iss4/9 This Note is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Notes CIVIL LAW PROPERTY-THE LAW OF TREASURE AND LOST THINGS Upon the death of the decedent her heirs were placed in pos- session of her estate. In disposing of the estate the heirs,sid decedent's mattress to the vendee-claimants for two dollars, and fifty cents. The mattress was delivered to a mattress factory for renovation. In the process of renovation the cotton contents, when subjected to a blast of air, yielded several thousand dollars in gold certificates. The mattress company made no claim, for the certificates. The United States brought an interpleader, 1 claiming the certificates but agreeing to pay the rightful owner their face value. The vendees claimed ownership of the certifi- cates by virtue of Article 34232 of the Louisiana Civil Code, con- tending that the certificates were treasure and that therefore ownership vested in them as finders. 3 The heirs, in asserting their right to the certificates, relied on Article 3422, 4 contending that the certificates were lost property and as such should be returned to them. -
Public Auction
Public auction From Wikipedia, the free encyclopedia This article is about an auction on behalf of a government. For auctions open to the public, see Auction. A public auction is an auction held on behalf of a government in which the property to be auctioned is either property owned by the government, or property which is sold under the authority of a court of law or a government agency with similar authority. [edit]Sale of property owned by the government Government property sold at public auction may include surplus government equipment, abandoned property over which the government has asserted ownership, property which has passed to the government by escheat, government land, and intangible assets over which the government asserts authority, such as broadcast frequencies sold through a spectrum auction. Public auctions of government property may be conducted by whichever agency is auctioning the property. Some substantial items have been sold at public auction. For example, the United States Navy cruiser USS Philadelphia (C-4) was sold at such an auction at the Puget Sound Navy Yard in 1927. [edit]Sale of private property in a public auction Private property may be sold in a public auction for a number of reasons. It may be seized through a governmental process to satisfy a judgment rendered by a court or agency, or to liquidate amortgage foreclosure, tax lien, or tax sale. Usually, prices obtained at a public auction to satisfy a judgment are distressed - that is, they are much lower than the price which would be obtained for that property if the seller were free to hold out for an optimal time to sell. -
Report on Prescription and Title to Moveable Property
(SCOT LAW COM No 228) Report on Prescription and Title to Moveable Property report Report on Prescription and Title to Moveable Property Laid before the Scottish Parliament by the Scottish Ministers May 2012 Updated to include corrections to pages vi, 44 and 45, May 2012 SCOT LAW COM No 228 SG/2012/77 EDINBURGH: The Stationery Office £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any copyright enquiries regarding this publication should be sent to us at [email protected]. ISBN: 978-0-10-888264-7 Printed in the UK for The Stationery Office Limited on behalf of the Queen’s Printer for Scotland. 05/12 Cover printed on 75% recycled paper Text printed on 100% recycled paper ii The Scottish Law Commission was set up by section 2 of the Law Commissions Act 19651 for the purpose of promoting the reform of the law of Scotland. The Commissioners2 are: Laura J Dunlop, QC Patrick Layden, QC TD Professor Hector L MacQueen Dr Andrew J M Steven. The Chief Executive of the Commission is Malcolm McMillan. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. Tel: 0131 668 2131 Fax: 0131 662 4900 Email: [email protected] Or via our website at http://www.scotlawcom.gov.uk/contact-us NOTES 1. -
Mineral, Rock Collecting and Metal Detecting on the National Forests
MINERAL, ROCK COLLECTING AND METAL DETECTING ON THE NATIONAL FORESTS It is Forest Service policy that the recreational use of metal detectors and the collection of rocks and mineral samples are allowed on the National Forests. Generally, most of the National Forests are open to recreational mineral and rock collecting, gold panning and prospecting using a metal detector. This low impact, casual activity usually does not require any authorization. On some eastern Forests gold panning does require a letter of authorization due to the high clay content of the soils. It is always wise to check with the local District Ranger if you have questions. Some wilderness areas are closed to gold panning and metal detecting. Metal detecting is a legitimate means of locating gold or other mineral specimens and can be an effective prospecting tool for locating larger mineral deposits. This activity can also be conducted as a recreational activity locating lost coins, jewelry or other incidental metallic items of little historical value. Prospecting using a metal detector can be conducted under the General Mining Laws and is covered under the Forest Service 36 CFR 228A locatable mineral regulations for lands open to mineral entry. Metal detecting for treasure trove or lost items such as coins and jewelry is managed as a non minerals- related recreation activity. Metal detecting is a low surface impact activity that involves digging small holes rarely more than six inches deep. Normally, metal detecting does not require a notice of intent or written authorization since it only involves searching for and occasionally removing small rock samples or mineral specimens (36 CFR 228.4(a)). -
TAX OUTLINE Wednesday, December 01, 2010 12:00 PM
TAX OUTLINE Wednesday, December 01, 2010 12:00 PM • POLICIES 1. Taxes levied commensurate with one's ability to pay. 2. Fairness/Equity: i. Horizontal Equity: persons who are similarly situated should be taxed in a similar fashion. ii. Vertical Equity: persons whose situations are different should be taxed differently. 3. Efficiency: one should seek a balance between maximizing tax revenues and minimizing social costs of taxation. i. note: this would violate horizontal equity. 4. Simplicity/Administrative Ease: it should not be so hard as to make it impossible to pay taxes or understand how to pay them. 5. Neutrality: the tax system should avoid unnecessarily shaping economic behavior. • GROSS INCOME (§ 61) ○ § 61: "all income from whatever source derived" ○ Haig-Simons: gains or increases in wealth over a particular period regardless of whether spent on consumption or saved. ○ Glenshaw Glass: (1) undeniable instance of accession of wealth, (2) clearly realized, (3) over which the taxpayer has complete dominion. ○ Statutory Exclusions (IRC §§ 101-140): . Gifts (§ 102) □ Excludes gifts from employers . Discharge of Indebtedness (§ 108) . Employee Benefits (§ 132, § 74(c), § 274(j)) . Employee Achievement Awards. § 74(c) . Rebates ○ Treasure Trove: To the extent of its value in US currency, treasure trove constitutes gross income for the taxable year in which it is reduced to undisputed possession. (Cesarini) ○ Tax Payments by Employer (or any third party) • The payment by the employer of the income taxes, assessable against the employee, constitutes additional taxable income to such employee. (Old Colony Trust) ○ Certain Situations • Extreme Home Makeover: use 280A(g) • Recovered Home Run Ball • Last Month's Rent: Income • Security Deposit: Depends on the lease. -
Rights of Finders Ralph W
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 1923 Rights of Finders Ralph W. Aigler University of Michigan Law School Available at: https://repository.law.umich.edu/articles/798 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Common Law Commons, and the Property Law and Real Estate Commons Recommended Citation Aigler, Ralph W. "Rights of Finders." Mich. L. Rev. 21 (1923): 664-82. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. RIGHTS OF FINDERSa By RA.PH W. AImLiR* M UCH of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing 1 or situation has in this particular field led to special difficulty. While the traveler who throws out of the car window a super- fluous article of clothing has not "lost" anything, it would commonly be said that the person who picked up the discarded article had "found" something. The elusive collar-button is frequently "lost" and "found," though all the time it may have been precisely where its owner placed it. -
Detailed Table of Contents
TABLE OF CONTENTS Preface xxv Acknowledgments xxvii PART I INTRODUCTION TO PROPERTY: BASIC IDEAS, LEGAL PROTECTIONS, ACQUISITION BY CAPTURE, CONQUEST, ADVERSE POSSESSION, AND CREATIVE ACTIVITY CHAPTER 1 INTRODUCTION TO PROPERTY: BASIC IDEAS AND CAUSES OF ACTION 3 A. Terminology and Ideas 4 1. Terminology 4 2. Ideas 4 B. Legal Protections for Property: Actions for Trespass, Conversion, and Nuisance 5 1. Protecting the Land Holder’s Right to Exclude: Trespass 6 Jacque v. Steenberg Homes, Inc. 6 Functions of the Right to Exclude 12 Limitations on the Right to Exclude 12 State v. Shack 13 Blackstone and the Right to Exclude 18 Canons of Property Talk, or Blackstone’s Anxiety 19 Contemporary Debates Over the Right to Exclude 20 Drones and Augmented Reality Games: New Challenges for Trespass Law 21 2. Protecting the Use and Enjoyment of Land: Private Nuisance 22 Rattigan v. Wile 22 3. Protecting Personal Property: Trespass and Conversion 29 Plotnik v. Meihaus 29 Intel Corporation v. Hamidi 33 Restatement (Second) of Torts § 222A (1965) 42 Kremen v. Cohen 43 Moore v. Regents of the University of California 49 Meaning of “Property” Varies with Context 62 Human Organs as Property 63 xiii xiv Table of Contents CHAPTER 2 ACQUIRING PROPERTY: CAPTURE, FINDS, BAILMENT, AND SALVAGE 65 A. The Capture Doctrine 65 1. Wild Animals 65 Pierson v. Post 65 Keeble v. Hickeringill 71 First in Time, Trespassers, and Ratione Soli 74 Ghen v. Rich 75 More About Wild Animals 77 Governmental Regulation of Wild Animals and Fisheries and the Public Trust 78 Problem: Reasoning by Analogy 79 Popov v. -
Conceptual Foundations of Property Rights: Rethinking De Facto Rural Open Access to Common-Pool Resources in Ethiopia
CONCEPTUAL FOUNDATIONS OF PROPERTY RIGHTS: RETHINKING DE FACTO RURAL OPEN ACCESS TO COMMON-POOL RESOURCES IN ETHIOPIA Elias N. Stebek ♣ Abstract This article, inter alia, attempts to highlight some major concepts and theories on property and the rationales and elements of property rights. It also briefly deals with the distinction between property rights on the stock of resources and its flows, and indicates the downsides of open access in the efficient utilization and sustainability of common-pool resources. Where de jure public property becomes de facto open access, certain common-pool resources in the rural areas of Ethiopia (such as forests) are exposed to encroachment, unlawful logging and overgrazing. The article attempts to show that it is usually impossible to effectively exclude persons from the use and overconsumption of common- pool resources in Ethiopia in the absence of well-defined and effectively implemented public property regime, or unless the property rights of indigenous communities and collectives such as peasant associations are duly recognized and clearly defined so that the right holders can have vested interest in the preservation, protection and development of these resources. Key words: Property rights, rural open-access, common property, public property, common-pool resources, Ethiopia. _____________ Introduction According to Article 40(3) of the Constitution of the Federal Democratic Republic of Ethiopia, “the right to ownership of rural and urban land, as well as natural resources is exclusively vested in the State and in the peoples of Ethiopia” and “shall not be subject to sale or to other means of exchange.” One of the fundamental issues that can be raised in relation to public property of rural land and natural resources is whether it has the impact of open access to a significant part of these resources. -
The Law and Practice Regarding Coin Finds
THE LAW AND PRACTICE REGARDING COIN FINDS Treasure Trove Law in the United States John M. Kleeberg, Esq.* The United States, although a comparatively young country, has been the site of some remarkable archaeological discoveries. Litigation has concerned such remark- able objects as a statue of King George III that was hacked into pieces by patriots in 1776 1 and a prehistoric Indian canoe.2 The United States has also been the site of the discovery of large money hoards. One hoard discovered in Baltimore in August 1934 consisted of 3,558 United States gold pieces.3 Another hoard, discovered in Puerto Rico in March 1990, comprised $43 million in currency.4 Coin hoards are not found as frequently as in Europe. Coinage has been in gener- al use in what is now the continental United States for less than four hundred years. The earliest date of deposit for a coin hoard in what is now the continental United States is 1631.5 Coin hoards sensu stricto (i.e., not including finds of paper money) are found in the continental United States at the rate of about three every year.6 In England and Wales, by contrast, coin hoards are found at the rate of twenty to forty every year.7 England and Wales have a much smaller population and area, but that area has used coinage for two millennia. Furthermore, for much of the period that * B.A., Yale, 1979; D.Phil., Oxford, 1988; J.D., New York University School of Law, 2003. The author was Curator of Modern Coins and Currency at The American Numismatic Soci- ety in New York, 1990-2000. -
Cultural Heritage Jurisprudence and Strategies for Retention and Recovery*
Cultural heritage jurisprudence and strategies for retention and recovery* Christa Roodt* * Associate Professor: Department ofJurisprudence University of South N"rica Abstract A country seeking return of an item of its cultural heritage must be willing to confront numerous potential obstacles to successful international litigation. These range from procedural aspects such as standing to sue, to the finer implications of import and export legislation and domestic ownership rules. Many and varied interpretations could be given to the concept' state of origin', for example. In order to address state claims to cultural heritage, courts have also resorted to conflict oflaws doctrine. While traditional conflicts methodol ogy is not always respected, these cases highlight how the application of foreign law can assist in resolving conflicts regarding cultural objects. A variety of tools are available in the subject-field, including directly applicable (mandatory) rules, international public policy and comity. Regrettably, certain rules of the conflict of laws may be applied in ways that conceal the true thrust of legislation designed to aid retention and recovery of items of cultural heritage, or that overshadow international public policy in the area. INTRODUCTION Judging from cultural heritage jurisprudence and strategies for the restitution of cultural objects stolen, lost or misappropriated across state boundaries, several problems routinely confront the country seeking the return of an item of its cultural heritage.' One immediate question -
Proposed Law of Property Act – Epa 272 - Iii
PROPOSED LAW OF PROPERTY ACT – EPA 272 - III I. TEXT OF THE ARTICLES Part 1 BASIC PRINCIPLES Content of the Act Article 1 This Act lays down the basic principles of property law, possession and real rights and the method of their acquisition, transfer, protection and extinguishment. Real rights Article 2 Real rights are: - ownership, - lien, - land debt, - easement, - right of encumbrance, - right of superficies. Object of a real right Article 3 (1) The object of a real right is a thing. (2) The object of a lien and a usufruct may also be a property right. (3) If a property right is the object of a real right the provisions applying to a thing shall apply mutatis mutandis. Capacity of a thing Article 4 The object of real rights may not be a thing which the law explicitly prohibits from being the object of real rights. Effect of real rights Article 5 Holders of a real right may enforce their right against any person. © International Insolvency Institute — www.iiiglobal.org Priority principle Article 6 If more than one real right exists over the same thing the real right of the same type of priority acquired earlier shall have priority over a real right acquired later. Principle of speciality Article 7 Only an individually defined independent thing can be the object of real rights, except where this Act provides otherwise. Connection between land and building Article 8 Everything which by intention is permanently affixed to or is permanently on an immovable, above it or below it, is an element of the immovable, except where the law provides otherwise.