Doctrines of Waste in a Landscape of Waste
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Duty of Care for the Bona Fide Prospective Purchaser Exemption from Cercla Liability
BROWNFIELDS REMEDIATED? HOW THE BONA FIDE PROSPECTIVE PURCHASER EXEMPTION FROM CERCLA LIABILITY AND THE WINDFALL LIEN INHIBIT BROWNFIELD REDEVELOPMENT FENTON D. STRICKLAND* INTRODUCTION Communities across the nation suffer from the negative impacts of abandoned, underused, and potentially contaminated properties called “brownfields.”1 The term “brownfield” generally refers to “real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”2 According to a report prepared for the Environmental Protection Agency (EPA) in 2003 by Environmental Management Support, Inc., the number of brownfields in the United States ranges from 450,000 to 1,000,000.3 In the early 1990s, the U.S. Conference of Mayors labeled brownfields “one of the most critical problems facing U.S. [c]ities.”4 The appearance of abandoned properties in metropolitan areas may puzzle the typical uninformed resident. However, property developers, lending institutions, governments, lawyers, environmental agencies, and real estate professionals understand the primary reason for the condition. Developers are “hesitant to redevelop brownfields because of the investment risk and potential liability for cleanup costs.”5 This uncertainty, which causes apprehension for parties who might otherwise be inclined to redevelop brownfields, is a by-product of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).6 In recognition of the serious impact that the brownfield problem has had, as well as how uncertainty about liability has contributed to the problem, Congress, in 2002, enacted the Small Business Liability Relief and Brownfields Revitalization * J.D. Candidate, 2005, Indiana University School of Law—Indianapolis; B.S., 1994, Indiana University, Bloomington, Indiana. -
The Law of Property
THE LAW OF PROPERTY SUPPLEMENTAL READINGS Class 14 Professor Robert T. Farley, JD/LLM PROPERTY KEYED TO DUKEMINIER/KRIER/ALEXANDER/SCHILL SIXTH EDITION Calvin Massey Professor of Law, University of California, Hastings College of the Law The Emanuel Lo,w Outlines Series /\SPEN PUBLISHERS 76 Ninth Avenue, New York, NY 10011 http://lawschool.aspenpublishers.com 29 CHAPTER 2 FREEHOLD ESTATES ChapterScope ------------------- This chapter examines the freehold estates - the various ways in which people can own land. Here are the most important points in this chapter. ■ The various freehold estates are contemporary adaptations of medieval ideas about land owner ship. Past notions, even when no longer relevant, persist but ought not do so. ■ Estates are rights to present possession of land. An estate in land is a legal construct, something apart fromthe land itself. Estates are abstract, figments of our legal imagination; land is real and tangible. An estate can, and does, travel from person to person, or change its nature or duration, while the landjust sits there, spinning calmly through space. ■ The fee simple absolute is the most important estate. The feesimple absolute is what we normally think of when we think of ownership. A fee simple absolute is capable of enduringforever though, obviously, no single owner of it will last so long. ■ Other estates endure for a lesser time than forever; they are either capable of expiring sooner or will definitely do so. ■ The life estate is a right to possession forthe life of some living person, usually (but not always) the owner of the life estate. It is sure to expire because none of us lives forever. -
STATE of MAINE EXECUTIVE DEPARTMENT STATE PLANNIJ'\G OFFICE 38 STATE HOUSE STATION AUGUSTA, MAINE 043 3 3-003Fi ANGUS S
MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) Great Pond Tasl< Force Final Report KF 5570 March 1999 .Z99 Prepared by Maine State Planning Office I 84 ·State Street Augusta, Maine 04333 Acknowledgments The Great Pond Task Force thanks Hank Tyler and Mark DesMeules for the staffing they provided to the Task Force. Aline Lachance provided secretarial support for the Task Force. The Final Report was written by Hank Tyler. Principal editing was done by Mark DesMeules. Those offering additional editorial and layout assistance/input include: Jenny Ruffing Begin and Liz Brown. Kevin Boyle, Jennifer Schuetz and JefferyS. Kahl of the University of Maine prepared the economic study, Great Ponds Play an Integral Role in Maine's Economy. Frank O'Hara of Planning Decisions prepared the Executive Summary. Larry Harwood, Office of GIS, prepared the maps. In particular, the Great Pond Task Force appreciates the effort made by all who participated in the public comment phase of the project. D.D.Tyler donated the artwork of a Common Loon (Gavia immer). Copyright Diana Dee Tyler, 1984. STATE OF MAINE EXECUTIVE DEPARTMENT STATE PLANNIJ'\G OFFICE 38 STATE HOUSE STATION AUGUSTA, MAINE 043 3 3-003fi ANGUS S. KING, JR. EVAN D. RICHERT, AICP GOVERNOR DIRECTOR March 1999 Dear Land & Water Resources Council: Maine citizens have spoken loud and clear to the Great Pond Task Force about the problems confronting Maine's lakes and ponds. -
Property a Law2112
PROPERTY A LAW2112 FIXTURES V CHATTELS Define fixture: Chattels ‘so attached to the land’ it becomes a part of the land.’ Fixtures automatically pass with the conveyance of the land. o S18 Property Law Act (1958): land includes “…corporeal hereditaments...” i.e. fixtures o S38 Interpretation of Legislation Act (1984) – includes buildings and other structures permanently affixed to land. Define chattel: Personal property that can be moved, not affixed to the land. Chattels can become fixtures by a third party if they are the actual rights holder of the property. i.e. furniture, household appliances. Ø Doctrine of Fixtures Test 1. Identify who is arguing fixture, and who is arguing chattel. 2. Role of presumptions: “Whatever is affixed to the soil becomes part of the soil”. – NAB V Blacker (2000) If object is fixed to the land other than by its own weight, presumption it’s a fixture. (Belgrave) If object rests on its own weight, presumption it’s a chattel (Belgrave) i. If attachment, onus of evidence is on person who wants it to be a chattel (NAB) ii. If no attachment, onus is on person who wants it to be a fixture (NAB) 3. Consider: Was there already a contract in place detailing with the nature of the object in question? – If not, apply common law tests (BelgraVe; NAB). a. Degree of annexation test – Extent the chattel has been affixed to the land. i. Mode and structure of annexation: Degree to which it is annexed to the land. For example in Leigh v Taylor – tapestries were fastened to canvas by tracKs. -
Real Property Co-Ownership and Mineral Developments
University of Tulsa College of Law TU Law Digital Commons Articles, Chapters in Books and Other Contributions to Scholarly Works 1997 A Tale of Two Owners: Real Property Co- Ownership and Mineral Developments Marla Mansfield Follow this and additional works at: http://digitalcommons.law.utulsa.edu/fac_pub Part of the Oil, Gas, and Mineral Law Commons Recommended Citation 43 Rocky Mtn. Min. L. Inst. 20-1 (1997). This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Articles, Chapters in Books and Other Contributions to Scholarly Works by an authorized administrator of TU Law Digital Commons. For more information, please contact [email protected]. --- STITUTE 19-60 ' gas might not attract as Chapter 20 :re stated to be a penalty A TALE OF TWO OWNERS: zlements of the definition REAL PROPERTY GO-OWNERSHIP AND MINERAL DEVELOPMENT y. If Shipper delivers Unautho- r's System, then such Unautho- ned by, the Unauthorized Gas @MarlaE. Mansfield it of Policies and Procedures. Professor of Law The University of Tulsa, College of Law t doesn't meet all of the Tulsa, Oklahoma r scheduled gas. Because to that unauthorized gas statement of Policies and Synopsis :opy of that Statement of .e agreement is signed, Q 20.01 Introduction ;o revise it later, without !asily make unauthorized [I] The Concept of Owning Together n those specified in the [21 Inherent Problems with Concurrent Ices. A general require- Ownership acts might limit Gather- Q 20.02 Tenants-in-Common and Non-Mineral [re -
Landlord/Tenant Law
LANDLORD/TENANT LAW Choices for Eviction When a landlord wants a resident to move out, certain procedures must be followed. This page provides a brief description of the various options available to landlords under Washington law. Each option has a specific legal process which must be followed. For a complete definition of eviction options and serving process, review the latest version of the Residential Landlord-Tenant Act for the State of WashingtonB Revised Code of Washington, Title 59. 1. FOR NOT PAYING RENT. If the resident is even one day behind in rent, the landlord can issue a three-day notice to pay rent or vacate. If the resident pays all the rent due within three days, the landlord must accept it and can not evict the resident. A landlord is not required to accept a partial payment. 2. FOR NOT COMPLYING WITH TERMS OF THE RENTAL AGREEMENT. If a resident is not complying with the rental agreement (for example, keeping a cat when the agreement specifies no pets or unauthorized people are living in the rental), the landlord can give a ten-day notice to comply or vacate. If the resident remedies the situation within that time, the landlord can not continue with the eviction process. 3. FOR CREATING A WASTE, NUISANCE, OR ILLEGAL ACTIVITY. If a resident destroys the landlord’s property, uses the premises for unlawful activity including drug-related activities, damages the value of the property or interferes with other resident’s use of the property, the landlord can issue a three-day notice for waste, nuisance or illegal activity. -
Future Interests
Future Interests Interests in the Transferor • Reversion • Possibility of Reverter (NOT a possibility of reversion) • Right of Entry/Power of Termination Interests in the Transferee • Executory Interest • Vested Remainder • Contingent Remainder U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2007 Marcilynn A. Burke All rights reserved. Provided for student use only. D E Present and Future Interests F E Present Interest Future Interest A S Fee Simple Determinable Possibility of Reverter I B (transferor) L Fee Simple Subject to Executory Interest E Executory Limitation (transferee) E Fee Simple Subject to Right of Entry/Power of S Condition Subsequent Termination (transferor) T A T E S U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2007 Marcilynn A. Burke All rights reserved. Provided for student use only. 1 Vested Remainders • If given to an ascertained person AND • Not subject to a condition precedent (other than the natural termination of the preceding estate) • Precedent: (pri-seed-[c]nt) preceding in time or order; contingent upon some event occurring • Note: Not subject to the rule against perpetuities U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2007 Marcilynn A. Burke All rights reserved. Provided for student use only. Types of Vested Remainders 1. Indefeasibly vested remainders • Certain to become possessory in the future • Cannot be divested U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. -
Do Landfills Always Depress Nearby Property Values? by Richard C
Do Landfills Always Depress Nearby Property Values? by Richard C. Ready May, 2005 Rural Development Paper No. 27 ©2005 The Northeast Regional Center for Rural Development Located at: The Pennsylvania State University 7 Armsby Building, University Park, PA 16802-5602 Phone: 814-863-4656 FAX: 814-863-0586 E-mail: [email protected] URL: http://www.cas.nercrd.psu.edu “Contributing to the well-being of small towns and rural communities.” Do Landfills Always Depress Nearby Property Values? Richard C. Ready Contact info: Richard C. Ready 112-A Armsby Building Department of Agricultural Economics and Rural Sociology The Pennsylvania State University University Park, PA 16802 Tlf: 814-863-5575 Fax: 814-865-3746 Email: [email protected] Leading Footnote: Richard Ready is Associate Professor of Agricultural and Environmental Economics, Pennsylvania State University. This research was supported in part by a grant from the Northeast Regional Center for Rural Development. Do Landfills Always Depress Nearby Property Values? ABSTRACT All available hedonic pricing estimates of the impact of landfills on nearby property values are assembled, including original estimates for three landfills in Pennsylvania. A meta- analysis shows that landfills that accept high volumes of waste (500 tons per day or more) decrease adjacent residential property values by 12.9%, on average. This impact diminishes with distance at a gradient of 5.9% per mile. Lower-volume landfills decrease adjacent property values by 2.5%, on average, with a gradient of 1.2% per mile. 20-28% of low-volume landfills have no impact at all on nearby property values, while all high-volume landfills negatively impact nearby values. -
The Duty to Maintain
SHOKED IN PRINTER (DO NOT DELETE) 11/18/2014 6:30 PM THE DUTY TO MAINTAIN NADAV SHOKED† ABSTRACT Property is closely associated with freedom. Following the demise of the feudal property system, property ownership in Anglo-American law came to imply an individual’s freedom to act as she pleases on her land. For their part, modern property theories—whether right-based, utilitarian, or relational—employ the normative value of freedom to justify ownership. Courts and scholars have always acknowledged the fact that this freedom of the owner cannot be absolute: an owner’s freedom to do as she pleases on her land is often limited to protect other owners. However, the consensual assumption remains that an owner is not subject to affirmative duties. She is free, according to conventional wisdom, to choose to do nothing with her property. This Article argues that this assumption is simply wrong. Owners are not free to ignore their land. Property law has always subjected them to an obligation to maintain their land up to a specific standard. This obligation, dubbed here “the duty to maintain,” is enforced through an array of legal rules and practices. This Article chronicles these rules and practices for the first time, classifying them in accordance with the enforcement mechanism they employ. It then justifies these diverse rules and practices—and the general duty to maintain—in light of the different theories of property. In this fashion, this Article illustrates that ownership, both as a legal institution and as a normative concept, inherently and inevitably incorporates a duty to maintain. -
Property—Future Interest—Partition by Remaindermen Allowed
University of Arkansas at Little Rock Law Review Volume 4 Issue 3 Symposium on Developmental Article 8 Disabilities and the Law 1981 Property—Future Interest—Partition by Remaindermen Allowed Jo Carol Jones Gill Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the Property Law and Real Estate Commons Recommended Citation Jo Carol Jones Gill, Property—Future Interest—Partition by Remaindermen Allowed, 4 U. ARK. LITTLE ROCK L. REV. 543 (1981). Available at: https://lawrepository.ualr.edu/lawreview/vol4/iss3/8 This Note is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. NOTES PROPERTY-FUTURE INTERESTS-PARTITION BY REMAINDER- MEN ALLOWED. Henry v. Kennedy, 273 Ark. 383, 619 S.W.2d 632 (1981). J.C. Kennedy died owning 560 acres in Desha County, Arkan- sas. He devised a life estate to his widow with a remainder, in equal shares, to his nephews Wilburn Kennedy and Cecil Kennedy. Wil- burn Kennedy conveyed his undivided one-half remainder interest to E.R. Henry, Jr. and Sterling L. Henry. The Henrys petitioned for partition under the Arkansas partition statute,' as owners of one- half of the remainder interest, against Cecil Kennedy. Because the property was not susceptible to partition in kind, the chancery court ordered a sale of the property, subject to the widow's life estate. On appeal, the Arkansas Court of Appeals reversed, holding that re- maindermen have no right to bring a partition action against other remaindermen when they have no present possessory interest in the property.2 On certiorari, the Arkansas Supreme Court reversed, holding that citizens of Arkansas who have a remainder interest in property may compel partition of their future interests regardless of whether they have any present possessory interest. -
Florida Sea Grant College Program Use of Future Interests in Land As A
Florida Sea Grant College Program Building 803 McCarty Drive A statewide university program for P O Box 110400 Coastal Research, Education & Extension Gainesville, FL 32611-0400 U.S.A. (352) 392-5870 FAX (352) 392-5113 [email protected] www.flseagrant.org Use of Future Interests in Land as a Sea-Level Rise Adaptation Strategy in Florida By: Thomas Ruppert, Esq.1 In a 2011 paper, James Titus of the U.S. EPA spends considerable time discussing the potential for the use of defeasible estates and future interests in land as potential tools for adaptation to sea-level rise (SLR). Defeasible estates and future interests in land—such as a fee simple determinable and fee simple subject to a condition subsequent—offer many potential strengths as tools for adaptation to SLR. As Titus indicates, for example, a fee simple determinable would allow a developer (D) to grant land to a buyer (B) “for so long as B does not attempt to armor the shoreline.” D thus has a possibility of reverter should B seek to protect B’s property from SLR via use of armoring. In theory this is an excellent idea as it would allow maximum use of land and would only impact B once SLR or erosion reaches a point that construction on the land is at the water-land interface and negatively impacting the coastal system—one of the harms that regulation often seeks to avoid. In reality in Florida, the situation presents more difficulties. Titus’ discussion mostly involves a generalized version of the common law of property. -
Future Interests in Property in Minnesota Everett Rf Aser
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1919 Future Interests in Property in Minnesota Everett rF aser Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Fraser, Everett, "Future Interests in Property in Minnesota" (1919). Minnesota Law Review. 1283. https://scholarship.law.umn.edu/mlr/1283 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW FUTURE INTERESTS IN PROPERTY IN MINNESOTA "ORIGINALLY the creation of future interests at law was greatly restricted, but now, either by the Statutes of Uses and of Wills, or by modern legislation, or by the gradual action of the courts, all restraints on the creation of future interests, except those arising from remoteness, have been done away. This practically reduces the law restricting the creation of future interests to the Rule against Perpetuities,"' Generally in common law jurisdictions today there is but one rule restricting the crea- tion of future interests, and that rule is uniform in its application to real property and to personal property, to legal and equitable interests therein, to interests created by way of trust, and to powers. In 1830 the New York Revised Statutes went into effect in New York state. The revision had been prepared by a commis- sion appointed for the purpose five years before. It contained a code of property law in which "the revisers undertook to re- write the whole law of future estates in land, uses and trusts ..